Pip tribunal won 6weeks ago do I get monthly payment while DWP sort back dated pay?

Hi,

It just means that DWP have the same amount of time and same chance to Appeal the decision as we have. To Appeal a decision made by a Tribunal firstly DWP need to ask the Tribunal for a copy of the Staement Of Reasons (SOR) They then have to find an error in law made in making this decision. It's very rare for DWP to continue with this because it's very hard to find an error in law when the Tribunal made the decision. They also have 1 month (28 days) the same as we have to ask for the SOR and appeal the decision. I highly doubt that they will continue to Appeal but until DWP have recieved the SOR there really isn't anything you can do. I honestly wouldn't worry, just sit back and wait for your backdated money. It could take a while (sometimes 6 weeks or more) good luck and well done on having a decision in your favour! Hope this helps.

HI Jamie,

When you say you're at appeal stage do you mean Tribunal or mandatory Reconsideration (MR)? If it's MR stage then i'll advice to expect to have to take it to Tribunal because 80% of MR's fail and the decison remains the same. Were you transfering from DLA, or what it a PIP review?

This new evidence you're waiting for. Unless it's related to a condition that you had at the time you had the assessment, then you won't be able to use it, so if those symptoms were reported either on the original form or at assessment then you can't use the new evidence.

There isn't really anything i can tell you that will ease your mind, i wish there was. If you do eventually win and you're awarded PIP then any money owed will be backdated to the original decision date. I know that doesn't really help you right now. Hopefully the whole process won't take too long, even though there aren't really any times scales.

Good luck.

I'm at the state where i have launched the appeal and have to send the information to HMRC appeal centre and I will keep copys of the information as well as send one to them but I'm not what it means when it goes there do they try and reconsider again or does it go straight to tribunal where i would have to see a judge doctor and dwp reprensentive in the appeal centre

That's not the appeal, that would be a Mandatory Reconsideration. Another decision maker will look at everything again and make another decision. Did you send in evidence to support your claim?

80% of those Mandatory Reconsiderations the decision remains the same, it's very rare for them to change that decision at this stage. This could take 2-8 weeks depending onbacklog.

Once you recieve the decision inwriting about that, if it hasn't changed then you fill out an SSCS1 form, attach your MR decision letter to the form, and write a letter with it stating what you disagree with. Sending more evidence if you have it with the form. Send this to Appeal Tribunal Courts (HMCTS and not HMRC) Tribunal will then write to you telling you if they accept the appeal or not. You must attach the MR decision  letter with that form otherwise the Tribunal will not accept your appeal.

If the Mandatory Reconsideration fails then the whole process could take several months or more. People have much more success if they appear in person at their Tribunal hearing, rather than ask for a paper based decision. Good luck.

Well I'm not eliagble for social services care but I did have them for a few weeks helping me cook and clean but that has stopped and the women is sending me a copy of the learning needs assessment plus a letter with a number to call if my circumstances change and plus I can't afford my doctors note due to the job centre shortening my money but that clearly does state all my contentions on that letter and that backs all of it up but I need help because social services think I'm independent and I'm not I have gone down from 210 a fortnight down to 120 because the disability premium has been taken of the to not having pip and I'm struggling finacally I don't know if my evidence from doctor and the needs assessment and letter from social services will help me to try and get them to 're consider my appeal for pip so that they can backdate the money if they say i can have it because the information is good enough to June of this year when I made the claim and have been shortened in my finances since July because they stopped my dla and I scored 0 points at pip assessment although I told the asseser everything about my contentions and the first mandiotaory 're consideration wasn't accepted because I wasn't given enough time to get information but I need to get it for this second one because it might help me

Sorry Jamie but i'm confused. You say your first Mandatory Reconsideration you put in was refused? Did they look at your claim again and make a decision and send you a letter with that decision on it?

Yh it was refused at the mandatory stage because I didn't get the information so they made the decision with the information they already had and they refused to give me award now I have sent a letter to hrmc appeal centre and I'm going to get the information to send to the same place as soon as I get the information I'm not sure whether or not they 're consider the award at the appeal centre before It goes to a tribual but every bit of information I will get I will send to the HMRC appeal centre

Jamie, you wouldn't have sent your appeal request to HMRC, it would have been to HMCTS which is the Tribunal. You now need to wait for a letter from the Tribunal saying they accept your appeal. Once this has been recieved you need to wait for a date for the hearing.

What was is that you actually sent to HMRC?

Have you sent a form SSCS1 with your MR decision attached to it?

No In the letter it said to send new information to HMRC appeal centre and I haven't received my letter yet to say they have received my appeal letter and to send new information there im only going by what the mantdotary letter said

You should have sent the SSCS1 form to the HM Tribunal and Courts Service (HMCTS or HMCTS as i stated but got it the wrong way round)  and NOT to HMRC. What was it that you actually sent to HMRC?

The SSCS1 form is a form to start your Tribunal appeal, have you filled this out?

When was the date of the MR decision?

You only have 28 days from the date of the MR decision to appeal to the Tribunal courts, this i why i'm asking you these questions. If you sent it to the wrong address your appeal will not be accepted.

It's ok I have rang the appeal centre and they have given me 30 weeks to email the information needed so that's what's I'm gonna do email the doctors note social services assessment and letter and also letter from landlord saying I'm not imdepant and not capable of certain things in the house also when I finally get an appointment with steps 2 change I send their letter as well and hopefully they should give me the money back or say please bring all of this information to tribual

Ok good. That means that your date for the hearing will not be before the next 30 weeks ( 7 months), so you're looking at quite a while before your premiums are reinstated on JSA.

Please make sure all the evidence is sent to the Tribunal at least 1 week before the date of the hearing. After this time they won't be able to take it into consideration. Are you planning on going to the Tribunal? Those that appear in person have a much better chance of winning that those that don't appear.

Yh I'm planning on going and I make sure that all of the evidence is sent before then but every bit of information I have I will keep to take them to hearing as well although they will have the same information as me but if I take with me I stand more a chance of winning and hopefully i should win the appeal