I won my tribunal,but wrong details sent to dwp

zippie0

Hi, i won my tribunal back in april 2011.I hadnt heard any thing from dwp.I phoned them last week and was told of an error.I have an iliostomy bag and i have really bad problems with it.On the paper work which was sent to dwp,it said i had no control over my bowels.The tribunal people did not put on their paper work that i have an iliostomy bag.Dwp are saying that they now have to wait for the paper work to be put right before they can pay me any money im owed.When i had my tribunal,a lady from my local disability advice buerau came with me as a spokes person.She told the tribunal people that i cant work because of my problem.In her opion,having a bag is the same as having no control over your bowels.How long will i have to wait to hear when im going to get my pay.Please help if you can:mad:

zippie0

i do have the aids to help me ,but my bowel is out of control.my bag bursts/leaks about 5 times aweek.i also have to empty it about 15 times aday.my doctor has said i cant work.i just wish the dwp would get their fingers out.

rogerblack

zippie0 wrote: »

Hi, i won my tribunal back in april 2011.I hadnt heard any thing from dwp.I phoned them last week and was told of an error.
<snip>
How long will i have to wait to hear when im going to get my pay.Please help if you can:mad:

You were appealing a decision not to give you ESA, and the tribunal ruled in your favour that you should be entitled to ESA?

Were you disqualified from getting ESA for some reason - for example that you'd missed your medical without 'good cause'?
Otherwise, you should have at least been paid at the assessment rate during the appeal.

If you were disqualified, and the tribunal has made an error, which the DWP thinks means their decision was not valid, then they may be requesting a 'statement of reasons' from the tribunal, before appealing to the higher level tribunal.

As far as I'm aware, this should not stop you getting payment.

Sorry this is confused - working out what's actually happened is a bit tricky.

zippie0

hi,i went for my medical,i havent missed any appointments.its not fair,it was the tribunal people and not me who made the mistake.Please can you tell me what the STATEMENT OF REASONS is, and also the higher level tribunal is please.thank you.

rogerblack

Sorry for not being clear.
The Statement Of Reasons is something that can be asked for about most benefit or many other official decisions that affect you.
The actual decision might say 'you are not entitled to whatever'. The Statement Of Reasons will explain how they came to that decision, and what evidence they looked at.

This is important, as you can find out from that if the decision has been made complying with all the laws and regulations, or if they've missed something that may allow an appeal.

In your case, it's possible that the DWP is asking for this statement, before appealing the decision of the tribunal.

Leaving that aside - I don't understand what you mean about not getting any money - you would normally be being paid at the assessment rate - 60 quid a week or so usually, once applying for ESA, continuing if you fail the medical, after you appeal.

Appeals can be made by either side about a tribunal verdict - you or the DWP.
There are limited reasons that can be used to overturn an appeal, and the appeal will then be heard by the 'second level tribunal'.

In practice - you need to either phone the DWP, or find someone knowledgable in the area to do so on your behalf - and work out what the state of your case is, and why you are not being paid - as you would normally be during an appeal.

'wait for the paperwork to be put right' - for example - what paperwork. Who will be putting this right. What is the process. How long will it take.

Good luck.

zippie0

hi,i do recieve the £60.00 a week payment but its my back dated pay im waiting for.