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PIP Appeal Hearing & ESA reassessment both in Feb
- ivyfox
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9 years 4 months ago #155139 by ivyfox
Replied by ivyfox on topic PIP Appeal Hearing & ESA reassessment both in Feb
More good news, this time on my ESA reassessment.
I posted the ESA50 form completed in very full detail thanks to your guides about my mental and physical health issues with copy medical reports appended, on 15 February for a deadline of 19 February.
Since then I've been worrying about having to have a face-to-face assessment and awaiting the white envelope. However I'm pleased to write that on Saturday, 26 March a brown envelope arrived from the DWP, stating I had been placed directly in the Support Group again for ESA but this time WITHOUT the need for an assessment.
Once again, I'd like to state how grateful I am for the information provided here. It took me two weeks of two hours every day to fill in the ESA50 (which I did online and saved each time) but the effort has truly produced results.
Now all I'd like to know is when the DWP will start paying my PIP - 5 weeks yesterday since the Tribunal found in my favour. If I haven't heard after 6 weeks, I think I'll write to them with a copy of the Decision as I think has been advised elsewhere on this forum.
I posted the ESA50 form completed in very full detail thanks to your guides about my mental and physical health issues with copy medical reports appended, on 15 February for a deadline of 19 February.
Since then I've been worrying about having to have a face-to-face assessment and awaiting the white envelope. However I'm pleased to write that on Saturday, 26 March a brown envelope arrived from the DWP, stating I had been placed directly in the Support Group again for ESA but this time WITHOUT the need for an assessment.
Once again, I'd like to state how grateful I am for the information provided here. It took me two weeks of two hours every day to fill in the ESA50 (which I did online and saved each time) but the effort has truly produced results.
Now all I'd like to know is when the DWP will start paying my PIP - 5 weeks yesterday since the Tribunal found in my favour. If I haven't heard after 6 weeks, I think I'll write to them with a copy of the Decision as I think has been advised elsewhere on this forum.
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- Gordon
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9 years 4 months ago #155144 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Hearing & ESA reassessment both in Feb
Ivy
Many congratulations on your ESA award and without an assessment
If you are past the 4 week mark on your Tribunal then I would chase the DWP now.
Gordon
Many congratulations on your ESA award and without an assessment

If you are past the 4 week mark on your Tribunal then I would chase the DWP now.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ivyfox
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9 years 4 months ago #155146 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic PIP Appeal Hearing & ESA reassessment both in Feb
That's great news Ivy! Thanks for letting us know and for your kind words about B+W

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ivyfox
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9 years 3 months ago #155949 by ivyfox
Replied by ivyfox on topic PIP Appeal Hearing & ESA reassessment both in Feb
On 7 April I wrote to the DWP enclosing a copy of the First Tier Tribunal's Decision, i.e. my successful Appeal Hearing on 23 February 2016, and asking for their written confirmation and a schedule of payments.
Today I received a letter, also dated 7 April, from the DWP which will have crossed with mine, just when I thought I could start to relax.
Bad news: no payment. More than six weeks after the Hearing, they have requested the Tribunal's Statement of Reasons. They state they normally have one month from receipt of the Statement of Reasons to decide whether they wish to apply for permission to appeal. (by the way, they cite an incorrect date of Hearing - 22 September 2015)
"If we apply for permission to appeal and it is not granted, we'll consider if we can start paying you benefit."
"If we're given permission to appeal to an Upper Tribunal it is likely to be several months before the appeal is heard. Payment won't be made during this time."
and - this makes my blood boil:
"There is no right of appeal against the decision not to pay benefit, but if it causes you hardship, please get in touch with us straight away."
Has anyone else experienced this? Can someone point me towards advice?
At present, I plan to write to the Court of Tribunal enclosing copy correspondence and requesting the Statement of Reasons for myself, so at least I'll know what the DWP will see.
Today I received a letter, also dated 7 April, from the DWP which will have crossed with mine, just when I thought I could start to relax.
Bad news: no payment. More than six weeks after the Hearing, they have requested the Tribunal's Statement of Reasons. They state they normally have one month from receipt of the Statement of Reasons to decide whether they wish to apply for permission to appeal. (by the way, they cite an incorrect date of Hearing - 22 September 2015)
"If we apply for permission to appeal and it is not granted, we'll consider if we can start paying you benefit."
"If we're given permission to appeal to an Upper Tribunal it is likely to be several months before the appeal is heard. Payment won't be made during this time."
and - this makes my blood boil:
"There is no right of appeal against the decision not to pay benefit, but if it causes you hardship, please get in touch with us straight away."
Has anyone else experienced this? Can someone point me towards advice?
At present, I plan to write to the Court of Tribunal enclosing copy correspondence and requesting the Statement of Reasons for myself, so at least I'll know what the DWP will see.
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9 years 3 months ago #156006 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Hearing & ESA reassessment both in Feb
Ivyfox
Whilst it is rare for the DWP to appeal a Tribunal Decision it does happen, they have the same right of appeal as you have.
There's no need for you to request a Statement of Reasons as you will be sent one anyway and you should not make any other statement to the TS until you have seen the SoR and any submission that the DWP might make in regard an appeal.
The DWP can only appeal on the basis of an Error of Law , they cannot appeal because they do not agree with the Decision.
Even if they appeal, the Judge of your hearing may not agree that there is an Error, the DWP can appeal directly to the UTT, but a senior Judge may still not agree, if they don't then that's the end of it an they have to pay you. Even if it goes to the UTT it does not mean that they will win.
You will be able to make counter arguments at all levels of the process.
Gordon
Whilst it is rare for the DWP to appeal a Tribunal Decision it does happen, they have the same right of appeal as you have.
There's no need for you to request a Statement of Reasons as you will be sent one anyway and you should not make any other statement to the TS until you have seen the SoR and any submission that the DWP might make in regard an appeal.
The DWP can only appeal on the basis of an Error of Law , they cannot appeal because they do not agree with the Decision.
Even if they appeal, the Judge of your hearing may not agree that there is an Error, the DWP can appeal directly to the UTT, but a senior Judge may still not agree, if they don't then that's the end of it an they have to pay you. Even if it goes to the UTT it does not mean that they will win.
You will be able to make counter arguments at all levels of the process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 1 month ago #161686 by ivyfox
Replied by ivyfox on topic PIP Appeal Hearing & ESA reassessment both in Feb
It's now 4 months since I was successful at the Appeal Hearing for PIP and I still haven't had a penny.
The DWP and HMCTS haven't answered any of my letters, so I went to the local Floating Support/Connections drop-in session at the library.
The advisor found out for me that yes, the DWP have formally requested the Statement of Reasons and yes, HMCTS have received the request but... there is a huge backlog which has amassed due to staff shortages at senior level.
HMCTS told the advisor that to date, 3 reminders have been issued to the relevant District Judge, two in May and one in June, to prepare the Statement of Reasons in my case, but without any progress whatsoever.
Needless to say, my mental health is seriously deteriorating, along with that of many other desperate people (Interview with Cardiff doctor on 'You and Yours', Radio 4 at approx 12:30 yesterday, 22 June 2016)
The DWP and HMCTS haven't answered any of my letters, so I went to the local Floating Support/Connections drop-in session at the library.
The advisor found out for me that yes, the DWP have formally requested the Statement of Reasons and yes, HMCTS have received the request but... there is a huge backlog which has amassed due to staff shortages at senior level.
HMCTS told the advisor that to date, 3 reminders have been issued to the relevant District Judge, two in May and one in June, to prepare the Statement of Reasons in my case, but without any progress whatsoever.
Needless to say, my mental health is seriously deteriorating, along with that of many other desperate people (Interview with Cardiff doctor on 'You and Yours', Radio 4 at approx 12:30 yesterday, 22 June 2016)
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