Pip tribunal successful

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Hi I'm new to this site so not sure if I'm in right discussion part I went to court on 7 the July2016 and won my pip appeal got enhanced rate on living and mobility today 26 the July 2016 I got a letter from DWP saying they want to get statements of reasons to wish to consider appealing against decision can anyone tell me as I thought once the court have said I'm entitled to it thats it how likely is it that DWP will carry this out

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  • Posted

    Hi Lynette,

    I've never heard of this before, but then to be fair I don't know a lot about it.

    ?It does seem really unfair though, that they allow it one minute and then try to claw it back the next.  If they weren't sure in the first place, surely that was the time to question it, not now.  I hope someone can answer your query.

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    • Posted

      After a First Tier Tribunal decision, both sides (the claimant and the DWP have the right to challenge it within 30 days.

      The grounds are very lmited however.

      The DWP cannot just say that they don't agree with it. They had their chance to be at the Tribunal and presumably didn't?

      I would not worry too much - they seem to be using this clause as a means of holding off dealng with your award. Not because you aren't entitled to it, but they are short staffed etc and they will use any excuse to delay it.

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    • Posted

      Thank you for replying yes nobody was there from DWP judge said they couldn't be bothered to come bit still was shocked to get letter especially when I rang them twice and tryed saying that nobody had appealed and they new nothing about the letter they sent me today 26 July

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    • Posted

      I rang the DWP today regarding another PIP matter and was told they have a backlog as they are very short staffed right now......yes kids are on holiday and their staff are away abroad with them!
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    • Posted

      It's so frustrating and they don't make sense on the letter I was so confused as they saying in one sentence if they don't appeal I'll get what I'm owed and start paying my pip and then underneath it says if it's not granted they will consider wether to pay me surely if it's not granted they can't say we consider flipping stupid I've gone threw so much stress for a year now plus on top of all my disabilities I've already got ive ended up with more new illnesses since no wonder folk are committing suicide I've read some horrific stories since the government have been clamping down

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    • Posted

      Lucky them being abroad lol there whole system is cocked up don't think they no what there doing half the time and there the ones supposed to be trained in these matters

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    • Posted

      If you were granted enhanced care and mobility through a tribunal then it is likely they think you should be on standard care and mobility rather than nothing at all - surely????  Because if they want to take you off it completely then they need shot!  That is just awful!  You are probably feeling sick with worry after battling a long pip appeal!  Sometimes I think they do this deliberately because they know you will be on your knees and may just give in to them - but don't!  Fight back and get what you deserve!!!!

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    • Posted

      I won't give into them they have got plenty of evidence supporting my claim from doctors to my rheumatologist consultant and mental health team even social services because I've had to have special equipment fitted in my house and a wet room put in the three people that were at court could see I was in distress because the judge stopped the doctor and this other lady I think who was from atos team from asking me any more questions saying I think she's had enough and he gave me there decision within 5 minutes

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    • Posted

      The only ones that are 'trained' to a greater degree are the decision makers. The rest are normally unqualified pen pushers who work to a script.

      Even the DMs are not trained to the length as they were years ago. It used to be the case that they weren't allowed anywhere near a live case until they could show that they had the skills to carry out their functions.

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    • Posted

      The DWP only have two choices - pay the claimant based on what he/she was awarded by the Tribunal OR appeal against the Tribunal's decision within one month. Then and only then can they refuse to pay out until the Higher Tribunal hears their appeal.

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    • Posted

      I never even thought they could do this!  Do you think they do this often and win?
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  • Posted

    I can't believe that , it's disgraceful that you went through an appeal and they are appealing the courts decision.

    I didn't know they did that , it's disgusting.  

    I hope they don't go through with it, it's just wrong!

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    • Posted

      It's been horrible since last year only reason I had to appeal in first place is because when I went to the atos medical she could clearly see how disabled I was and every question they asked I answered no and I couldn't literally do the physical tests they do and when my letter came back it was discusting what she said she lied about everything saying I refused the physical examination I had eye to eye contact which I never and said I was calm when I was physically shaking and crying threw the whole assessment so I went to csa and how can they possible say they new wether I could dress myself or wash myself I could barely speak and when my husband asked if he could answer the questions she was rude to him and said no she's got to otherwise we can't carry on and saying that I can manage my own medication when my mental health doctor has clearly wrote that I suffer very severe emotional and unstable personality disorder and that my husband has to control giving me my meds because I've attempted more than once to commit suicide

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    • Posted

      You know it's like some of these assessors and the people at the Dwp go out of there way to not give you this benefit, they obviously don't have any empathy with people's problems and disabilities. 

      Someone said on another forum that the assessors  get paid 80 pound bonuses for everyone they turn down.

      I can't see that this is true but I'm sure the Dwp don't get a bonus.    But it makes you wonder why it would mean that much to them that you don't get your benefit that they would appeal it.

      I mean what's it to them if you get it or not It doesn't make sense!

       

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    • Posted

      I just don't know how these people can sleep at night (bit like traffic wardens).  Even if I was fit to work I could never be in a profession like!

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    • Posted

      You would have to have a cold heart which some of the assessors must have because of the amount of times I have read that they have lied,  what I don't understand is why I mean what do they get out of it?

       I can't believe they get a bonus anyway I hope not!

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    • Posted

      I think all medical assessments should all be recorded by video so no one can lie!  It is not as if the assessor requires the applicant to strip off or anything - so nothing to hide!   

      I too read on another site for dwp workers to get bonus payments for getting people off benefits!

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    • Posted

      I agree with you TCake, They should all be recorded or at least have like a volunteer impartial person present to oversee the medical.

      I think there was a programme on not too long ago about the bonuses

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    • Posted

      Hi Nicolette,

      They are paid bonuses for every claiment they fail, this happens mostly with ESA claims. Many people have actually heard other collegues talking about how much they made in a single week.

      It is sick,but it is true, sadly.

      Regards,

      Les.

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    • Posted

      I would say it is true also, when I went for my PIP assessment the waiting area was a few chairs divided by filing cabinets from the rest of the open office space and I heard one of the assessors on the phone arguing with someone (I assume was head office or the receptionist). She was telling them to cancel her  (and another assessors) afternoon appointments because they'd both already seen two. She didn't give any reason such as they were difficult or overwhelming - just to cancel. She did mention she had 3 more booked for that day

      I started panicking, thinking I would now be sent home, but her doing this meant that people either already there or on their way would now be let down at very short notice. Now I wonder, had she earned her bonuses for that day so stuff the poor people anxious to get this over with.

      I wish I'd thought to record this convo

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