Won a tribunal over 5 months ago....no response from DWP. What next?

dixieeh

Thanks, I wasn't feeling brilliant today but have asked my parents to help in the next few days with a phonecall. I'll let you know!

Alice_Holt

 I would also write to the HMCTS for an update, and an explanation of where you appeal is at.

You may wish to see if your local advice charity has a specialist who can help you (if required).

At the first tier tribunal all parties get a copy of the paperwork (hence why you received the Statement of Reasons- S of R).
I'm trying to recall if you would get a copy of a request by the DWP to set the first tier tribunal decision aside (made to the upper tribunal), but I'm not sure. 
If you did get it, then you would certainly know if the DWP were indeed appealing against the first tier tribunal decision on a point of law.
(Quite often, when the DWP request a S of R, they don't follow through with an appeal to the Upper Tribunal).

If a DWP appeal against the first decision succeeds, then what usually happens is that your case is reheard by a new tribunal.  Did you have a representative helping you with your appeal?
If you did, then ask for their help.
If you didn't then it might be a good idea to see if your local advice charity has a specialist who can help.

Here is some information on the process of an appeal to the Upper Tribunal on a point of law (but from the claimant's point of view):
 https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

MalMonroe

I agree with Alice_Holt.

And even if DWP HAVE appealed, someone - either at the courts or at DWP - should have at least had the courtesy to write and let you know. 

You can either write to the court or phone them, and if you click on this link, it will take you to the area where you live and give you the exact address and phone number to use.  https://courttribunalfinder.service.gov.uk/courts/  Don't forget to keep copies of everything. 

I don't agree with people who say it's a waste of money to pay for recorded delivery letters because the recipient has to sign to say it's been received on such a day at such a time and if people pretend it hasn't been received and you can produce proof that it has, then they cannot use the excuse that your letter must have been 'lost in the post'. The courts, in my experience (I worked in one for a while) DO have someone who actually works there to sign letters in.

It's absolutely disgusting that DWP is allowed to get away with depriving people of their just entitlements in this way and I do hope that you are able to get it all sorted out very soon, with a very large dose of back-payments. You are lucky that you have your parents to help and I wish you all the very best of luck. It's such a shame that people who aren't well have to fight in this way, when they have actually already succeeded at Tribunal. DWP needs a really good shake up and sorting out. It'd be a different scenario if things were the other way around!

Alice_Holt

5 months is probably at the upper end of a time scale for this process.
1 month (max) to request a S of R;
1 month (max) to ask for a review of the decision of the 1st tier tribunal on a point of law;
so then, 3 months for a HMCTS judge(s) to rule on whether the 1st tier tribunal did make an error in law seems rather long (even given Covid working conditions).

It may be that an oversight has occurred, so a few phone calls / DWP complaint (length of time / lack of information and communication) /  MP involvement does seem a good idea. 
https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure

KxMx

poppy12345 said:

They have 1 month from the date of the decision to request the statement of reasons but it can take many months for the Judge to write this because they will only do this in their spare time because it's takes a lot to write that and it's only written if requested. Once this is sent then DWP have another month to appeal the decision.

DWP may not even write to you to tell you they've requested the SOR.

When you received a letter to say an assessor will be in contact with you, who was this from?

Have you even rang DWP to ask what's happening and why it's taking so long?

You mention a "heating subsidy" do you mean the warm home discount? If so then applications will have already closed now and i beleive it's now ended completely, unless they extend it another year.

It has been extended for a further year, but as you say applications are now closed for 2020-2021.

poppy12345

MalMonroe said:

I don't agree with people who say it's a waste of money to pay for recorded delivery letters because the recipient has to sign to say it's been received on such a day at such a time and if people pretend it hasn't been received and you can produce proof that it has, then they cannot use the excuse that your letter must have been 'lost in the post'. The courts, in my experience (I worked in one for a while) DO have someone who actually works there to sign letters in.

DWP and HMCTS are 2 completely diiferent things. Whether you agree or not, it's a fact that sending letters recorded delivery to DWP is a waste of money for the reasons i stated in a previous comment. All that's needed is proof of posting, which is free from any post office and this will prove that you posted it.

poppy12345

KxMx said:

poppy12345 said:

They have 1 month from the date of the decision to request the statement of reasons but it can take many months for the Judge to write this because they will only do this in their spare time because it's takes a lot to write that and it's only written if requested. Once this is sent then DWP have another month to appeal the decision.

DWP may not even write to you to tell you they've requested the SOR.

When you received a letter to say an assessor will be in contact with you, who was this from?

Have you even rang DWP to ask what's happening and why it's taking so long?

You mention a "heating subsidy" do you mean the warm home discount? If so then applications will have already closed now and i beleive it's now ended completely, unless they extend it another year.

It has been extended for a further year, but as you say applications are now closed for 2020-2021.

Thanks for that. I thought i read something somewhere but wasn't 100% certain and didn't want to mention just incase i was wrong. It's good to know it's been extended because it definitely helps with increase heating costs during winter.

Clouds88

I just wanted to add my total sympathies for you OP. I have had an absolute mare with DWP, we are still awaiting a health assessment and first sent his form back in Feb 2020! It's been a constant battle of me phoning health assessments/esa and back and forth. It has been all time consuming and due to his disabilities he does not and cannot phone. I do it all for him, so deffo get the parents involved and be pushy but polite. The only benefits agency we have had no dramas with is PIP! Applied and was successful within 6 months and money already being paid. So much different from the incompetence of the DWP. I wonder how many people go through similar things and miss their entitlement because they have no one fighting their corner.

Spoonie_Turtle

Clouds88 said:

I just wanted to add my total sympathies for you OP. I have had an absolute mare with DWP, we are still awaiting a health assessment and first sent his form back in Feb 2020! It's been a constant battle of me phoning health assessments/esa and back and forth. It has been all time consuming and due to his disabilities he does not and cannot phone. I do it all for him, so deffo get the parents involved and be pushy but polite. The only benefits agency we have had no dramas with is PIP! Applied and was successful within 6 months and money already being paid. So much different from the incompetence of the DWP. I wonder how many people go through similar things and miss their entitlement because they have no one fighting their corner.

Just FYI, PIP is also administered by DWP (though the assessment company is different, I believe).  Just shows how inconsistent anyone's experiences with claiming benefits can be!

dixieeh

Hi, just an update.
The DWP agreed to the tribunal decision in November 2020 but are only interested in reinstating the PIP review, not reinstating the DLA they stopped in the mean time (Feb 2019 they stopped it).
The MP managed to get the PIP review sped up but I can't get anyone at the DWP to talk to me about DLA reinstatement as people on PIP say it's on a different department and no one ever phones back despite assurances.

I'll let you know if anything develops!