📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

Options
124»

Comments

  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 22 March 2021 at 8:00PM
    Thank you for that information.  
     So the appeal was about suspension of your disability claim because of time spent abroad.
      The tribunal upheld your appeal, and decided that the DWP should not have suspended / ended your claim.

      In the meantime you had applied for PIP (Sept 2018 in line with DWP deadlines) , but are still awaiting an assessment.
     The tribunal have now told the DWP to assess you for PIP (for transition from DLA), which the DWP accept.  

    It is indeed a complicated situation. 
    And it seems, you may have had to appeal to the Upper Tribunal to get the ultimate decision (since you say you started the appeal in April 2019, finally won it the Sept 2020, and mention a statement of reasons). I can well see how it was a horrible time for you.  

    My thoughts are that this now hinges on the PIP assessment. If you are assessed as needing help with the PIP activities, then the award should be backdated right the way back to Feb 2019 when your DLA award stopped / was suspended.
    I think you should press your MP to get DWP to fast track an assessment (since it is more than 2 years since your last disability payment).
    As you are  "practically bed/wheelchair/house bound and unable to function"  I would anticipate an enhanced award for both DL and Mob to be very possible. 
    Keep pressing the DWP to arrange an assessment -  as well as involving your MP - you could raise a complaint with the DWP (it being 6 months since HMCTS required the assessment to be actioned).

    Be sure that you understand how PIP works, and the points system in readiness for an assessment:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/your-assessment/
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
    https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

    Note the importance of "reliability" and "the majority of time" - Section 2.2 of the guide above.

    You may also wish to write to HMCTS (quoting the appeal ref and your NI number), and update them that no assessment has been scheduled. And ask if they can contact the DWP to give the DWP further Tribunal Directions (as the DWP have not acted on the decision in a timely fashion).

    I think it will all hinge on a successful PIP assessment. No payments will be made until the assessment is completed, and a favourable decision made.  Once this step has been successfully completed, than payments should be backdated to when your DLA stopped.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 21 March 2021 at 10:29PM
    What DLA award had you before suspension?   High rate Mob?   And what for Care?

    Would your GP / consultant agree that your condition has not materially changed since you were on DLA?

    Did you supply medical notes in support of your PIP form?
    Would your current medical notes show you as  "practically bed/wheelchair/house bound and unable to function" ?

    The reason for these Q's, is I'm just wondering if you could supply sufficiently compelling medical evidence to request a paper PIP assessment.   A paper assessment may give you a quicker outcome than a telephone assessment.
    Under GDPR you can request your medical notes from your surgery free of charge - I suggest you do this in any case. Probably from 2017 onwards would suffice.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 21 March 2021 at 10:31PM
    If you have a good Welfare Rights unit / Citizens Advice nearby, then this may be an option:
    A pre-action judicial review letter to the DWP lawyers citing delay.

    CPAG have some templates for these:
    https://cpag.org.uk/welfare-rights/resources/article/cpag’s-new-judicial-review-project
    https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/delays-decision-making
    JR102 Delay in providing PIP decision, impacting means tested benefit eligibility   would be the nearest template letter, requiring some slight adaptions.

    It is particular useful tactic because the DWP lawyers have to respond in 14 days, and appropriate (IMO) as the tribunal ruled in your favour, and you have without any disability payments for 2 years.  If you can find find an organisation willing to help you, then this approach should get that all important PIP assessment scheduled.  

    What help had you had from your MP?  Do they understand the issue?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.