Pip after Tribunal Win

Sickofitall

Hi,
I am looking for any answers or helpful input that someone may be kind enough to offer.
I will try keep it short as possible. My partner applied for PIP in february this year, went to assessment which failed, the report was unbelievable, sent in a Mandatory to which the maximum timeframe for the DWP (8 weeks i think) had lapsed, when i phoned to enquire was told it looked like we had been overlooked! Anyway failed this after a phone call from a lady 3 days later so went to tribunal 12 days ago and won enhanced on both daily and mobility. Initially awarded zero points.
Partners health has gone downhill so quick, he sleeps up to 18 hours a day some days in total.
Swollen tummy he looks like a heavily pregnant woman, so out of breath he can hardly stand up some days and other not very nice symptoms. Ive done some googling and it scared me all of his symptoms. He now has severe depression as anyone would feeling this ill for so long. The doctors are more or less focusing on the mental health side now. He has gone from working 6 days a week to hardly being able to get out of bed or leave the house in 2 years.
Anyway I have phoned Pip and spoke to a very nice gentleman he said up to 8 weeks before Anything is decided or any payments put in place. It is sat with the legal team for 4 weeks whilst they decide whether to appeal his win then 2-3 weeks if it is to be "allowed". He is now so worried they will appeal and he will have to go through another tribunal at upper level he found it horrendous even I was visibly upset for him.
Does anyone know the likelihood of this or have any input of their timeframes I would be grateful of any replies, thankyou in advance.

paragon909

Sickofitall wrote: »

Hi,
I am looking for any answers or helpful input that someone may be kind enough to offer.
I will try keep it short as possible. My partner applied for PIP in february this year, went to assessment which failed, the report was unbelievable, sent in a Mandatory to which the maximum timeframe for the DWP (8 weeks i think) had lapsed, when i phoned to enquire was told it looked like we had been overlooked! Anyway failed this after a phone call from a lady 3 days later so went to tribunal 12 days ago and won enhanced on both daily and mobility. Initially awarded zero points.
Partners health has gone downhill so quick, he sleeps up to 18 hours a day some days in total.
Swollen tummy he looks like a heavily pregnant woman, so out of breath he can hardly stand up some days and other not very nice symptoms. Ive done some googling and it scared me all of his symptoms. He now has severe depression as anyone would feeling this ill for so long. The doctors are more or less focusing on the mental health side now. He has gone from working 6 days a week to hardly being able to get out of bed or leave the house in 2 years.
Anyway I have phoned Pip and spoke to a very nice gentleman he said up to 8 weeks before Anything is decided or any payments put in place. It is sat with the legal team for 4 weeks whilst they decide whether to appeal his win then 2-3 weeks if it is to be "allowed". He is now so worried they will appeal and he will have to go through another tribunal at upper level he found it horrendous even I was visibly upset for him.
Does anyone know the likelihood of this or have any input of their timeframes I would be grateful of any replies, thankyou in advance.

Call the court and ask them to send you a copy of the report the judge and doctor made, Go to citizens advice and get them to check it, They can only appeal to upper stage if there has been an error in law. They can't just go to upper stage appeal if they don't agree.

Diary

DWP have the right to appeal as you do. To appeal to the upper tribunal they would have to have found error in law at the first one, it's extremely unlikely they will do that. As they are threatening you with upper tribunal I would definitely seek cab or other professional advice if only to prepare yourself.

Just to clear up your first point. Although claimants have extremely strict deadlines imposed on them when aiming PIP, DWP do not. Mandatory reconsideration can take as long as they like.

Cpt.Scarlet

Do not ask for the Judges Statement of Reasons, an appeal cannot be made without either party requesting it, if you do then the DWP will receive a copy as well and this may prompt them to appeal when they may not be considering it now.

Mrs_Ryan

I was also told 6-8 weeks after winning at tribunal. The backpay was in my account 10 days after the tribunal and award letter issued 7 days after so it doesn't always take that long.

paragon909

Cpt.Scarlet wrote: »

Do not ask for the Judges Statement of Reasons, an appeal cannot be made without either party requesting it, if you do then the DWP will receive a copy as well and this may prompt them to appeal when they may not be considering it now.

Asking for a judges reasons or statement does not mean you are or will appeal, It is simply to check and make sure no errors have been made,

Am not sure why you put "do not ask" it's not like anything will happen, The court will just send out the statement, I know because I have been through all this.

HB58

paragon909 wrote: »

Asking for a judges reasons or statement does not mean you are or will appeal, It is simply to check and make sure no errors have been made,

Am not sure why you put "do not ask" it's not like anything will happen, The court will just send out the statement, I know because I have been through all this.

DWP will also get a copy and it could give them ideas in situations where they would not otherwise have considered escalating the case.

paragon909

HB58 wrote: »

DWP will also get a copy and it could give them ideas in situations where they would not otherwise have considered escalating the case.

They get a copy of it regardless if the claimant asks for it, DWP obviously gets sent a copy to justify the decision been over turned. They can only appeal if the judge or doctor has made an error in the law required to get the benefit.

DWP consider everything before giving a decision on benefit entitlement, They don't just give you it if the DM is feeling good that day or isn't. They have strict guide lines to follow.

Cpt.Scarlet

paragon909 wrote: »

They get a copy of it regardless if the claimant asks for it, DWP obviously gets sent a copy to justify the decision been over turned. They can only appeal if the judge or doctor has made an error in the law required to get the benefit.

DWP consider everything before giving a decision on benefit entitlement, They don't just give you it if the DM is feeling good that day or isn't. They have strict guide lines to follow.

They don't get a copy of the SoR unless they or the claimant asks for one, it is most certainly not sent to them as standard.

Sickofitall

Thanks, everyone for your helpful answers, havent been able to get on for a couple of days, hopefully hear something very soon, thankyou again.

laurac44

I had my PIP tribunal on rhe 15th September i won the mobility standard rate its now October 2nd still no letter from DWP regards payment should i be worried?