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

dixieeh

poppy12345 said:

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.

It's quite tricky when you're doing all this 'blind' with no experience or help, and think you're doing the right thing.
When I contacted the CAB in 2019 (in-face meeting with both my parents present) the chap literally spent half the meeting talking to his boss on the phone and eventually said 'this is too complicated for us' and sent us on our way. 

I am exceptionally lucky the help I have received from my parents and a family friend, and don't know how people do this when they're on their own!

dixieeh

Thank you everyone on here, I should have popped in 2 years ago hehe!

poppy12345

dixieeh said:

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!

I'm a little confused by this. Why would DWP reinstate your DLA when you were transferring to PIP? DLA no longer exists..

Alice_Holt

dixieeh said:

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!

        As poppy says DLA won't be reinstated. 

      If I've understood your posts correctly, what should happen is that the PIP award should be backdated to Feb 2019 (when your DLA award ended). You should be put back in the same financial position, as if the correct PIP decision had been made in the first place. 

    Look at the Tribunal Decision Notice.   What date does it tell you the PIP award should start from?
    If it's not Feb 2019 then write to HMCTS for clarification (pointing out that the contested PIP assessment was as a result of migrating from DLA).
   You should also get a letter from the DWP explaining what happens after the HMCTS decision, and the elements of PIP awarded. If this is incorrect, ask for a MR.   

   Finally it is disappointing that a local Citizens Advice told you this was beyond their capabilities. If, after contacting HMCTS and PIP,  you still can't get a continuous disability award from Feb 2019 (with no breaks between the DLA ending and the PIP award starting),  I would go back to them with the paperwork (via email) and importantly the HMCTS decision notice, and ask that a benefits specialist picks up your case, or that it is referred to the central Expert Advice Team for email advice. 

dixieeh

poppy12345 said:

dixieeh said:

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!

I'm a little confused by this. Why would DWP reinstate your DLA when you were transferring to PIP? DLA no longer exists..

When you phone up they say on the recorded notice that DLA will be paid until your PIP assessment is done, or something to that effect.

They wrongly withdrew my DLA, as shown by the tribunal, which consequently delayed the conversion to PIP.

Therefore, it makes sense to me that they reinstate DLA up to the point they convert me onto PIP?

poppy12345

dixieeh said:

poppy12345 said:

dixieeh said:

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!

I'm a little confused by this. Why would DWP reinstate your DLA when you were transferring to PIP? DLA no longer exists..

When you phone up they say on the recorded notice that DLA will be paid until your PIP assessment is done, or something to that effect.

They wrongly withdrew my DLA, as shown by the tribunal, which consequently delayed the conversion to PIP.

Therefore, it makes sense to me that they reinstate DLA up to the point they convert me onto PIP?

Providing you rang to start the PIP claim by the date in the letter and you returned the forms within the deadline, DLA should continue. Why did they stop your DLA?
OR your PIP is paid from the date your DLA ended. What dates does it say on the decision letter from HMCTS?

Alice_Holt

dixieeh said:

poppy12345 said:

dixieeh said:

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!

I'm a little confused by this. Why would DWP reinstate your DLA when you were transferring to PIP? DLA no longer exists..

When you phone up they say on the recorded notice that DLA will be paid until your PIP assessment is done, or something to that effect.

They wrongly withdrew my DLA, as shown by the tribunal, which consequently delayed the conversion to PIP.

Therefore, it makes sense to me that they reinstate DLA up to the point they convert me onto PIP?

      See my earlier post. 
      What does your HMCTS Decision Letter say?
     What you mean by "They wrongly withdrew my DLA, as shown by the tribunal, which consequently delayed the conversion to PIP."
    Can you set out a time plan of what happened and when.
 I read from your opening post that you received the DWP letter inviting you to apply for PIP, and -
You applied for PIP within the deadline.
Your PIP assessment / decision was negative.
Your DLA awarded ended.
You successfully appealed the PIP decision.
Your PIP award was then paid back to the date your DLA awarded ended.

Please tell me clearly if these assumptions are wrong, and set out your own chronology of what happened.

If you did not apply for PIP within the deadlines laid out in the PIP invitation letter, there will be a gap as poppy has explained.   Any award by the tribunal about your PIP decision, will not cover this gap. Your disability awards will not be continuous.

If you can answer the questions we have asked, we may be able to advise you.   If you don't answer the questions, we will be unable to understand what has happened, and will not be able to offer any information useful to you.

What dates does it say on the decision letter from HMCTS?
And what is the wording of the decision in the decision letter from HMCTS?

dixieeh

The letter dated November 2020 says 'The Tribunal's decision is to allow your appeal. I have reviewed the statement of reasons and have now sent your case back to the assessment provider and they will be in touch with an assessment date as soon as possible....covid blurb....assessment blurb....feel free to contact local support organisation etc'

DLA had not ended (it didn't have an end date), but was suspended along with the PIP claim as I was out of the country seeking medical treatment - the DWP had been informed throughout (both before and during, in writing and over the phone along with letters supporting the treatment from my GP) and said it was fine, but then changed their minds in Feb 2019 when they suspended my claims.

The tribunal judge saw all the medical bills, doctors letters and hospital stuff, wheelchair assistance and all the meticulous planning that was involved etc. and allowed my appeal in November 2020. TBH it was a horrific time but I am just desperate to get better, as being practically bed/wheelchair/house bound and unable to function is seriously tough.

Only now the MP is involved has anything happened with regards to the PIP assessment, which is a telephone one this week. The DLA issue remains unchanged.

dixieeh

You applied for PIP within the deadline. - YES
Your PIP assessment / decision was negative. - NO - I never had an assessment but the claim was suspended
Your DLA awarded ended. - NO - the DLA had no end date but the claim was suspended
You successfully appealed the PIP decision. - SORT OF - the reason for the suspension was successfully appealed
Your PIP award was then paid back to the date your DLA awarded ended. - NO - no payments have been received since Feb 2019 when I received my last DLA payment before the suspension


NB: I first applied for PIP in September 2018, whilst the DLA was running, at the request of the DWP. So many years of stress.

dixieeh

Timeline:

2010 - DLA awarded on open ended basis
September 2018 - Applied for PIP at request of DWP
Feb 2019 - DLA and PIP claims suspended
Feb 2019 - Mandatory reconsideration failed
April 2019 - Court appeal started
September 2020 - Appeal won
November 2020 - DWP accept I won the appeal