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PAYMENT FOLLOWING APPEAL !

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8 years 1 month ago #155157 by andyfish1963
PAYMENT FOLLOWING APPEAL ! was created by andyfish1963
HI all

This is my first post on the site although I have read a lot on the forums and used the guides throughout my benefits claims.
Can anyone give me any Idea at all about how long DWP take to make payment following a successful tribunal appeal ?
I attended for appeal on 04/03/16 and got a letter within a week from the First tier tribunal social entitlement chamber, stating that my appeal has been allowed, I was originally getting higher rate mobility DLA, which I lost following assessment, but it was me that contacted DWP to be assessed for PIP as I felt my condition was worsening and made application for care and knew I had to be reassessed on my DLA mobility soon anyway !
Following my F2F I lost my higher rate DLA mobility and was awarded standard rate PIP for mobility and did not get awarded any PIP daily living, so started the appeal process.
I will skip through the rest of the BS that you all know about to get to tribunal stage, at tribunal I was quizzed about my conditions, following a shocking arrival for the tribunal that I will detail more of at the end of this post, anyway following the tribunal I was awarded standard daily living and the decision on my mobility remained the same standard rate PIP mobility.
I am aware that DWP has 30 days to appeal the tribunals decision, but I have not heard anything from DWP as yet, can anyone give me any idea should they not appeal the decision, how long it is until payment please ?

As I said I shall now detail the attending of the tribunal and the shocking arrival !

At my PIP F2F it was noted that I had walked into the tribunal without any aides and also back out again without the use of any ! Why oh why does someone with a disability have to have an impairment that can be seen to be classified as being disabled ?
I have problems with my heart, and have had open heart surgery twice and ongoing problems since, starting with my first heart attack when I was 31, second one when I was 34 and had a triple bypass when I was 35, this had to be redone 10 years later at 45 but did not give me the quality of life I got back after the first one and have suffered from angina ever since, I had more intervention last year by way of stents put in but I still suffer angina which is sporadic ranging from " At rest" to "On exertion" But with GTN spray I can manage it to walk short distances on a good day.

Before I attended the tribunal I thought, no way are they going to catch me out that way again, and requested a wheelchair on my arrival to the tribunal, and also rang and requested a disabled parking space, which was granted as a condition of having a blue badge!
I was told that a security guard would meet me and give advice where I should park, and as I had requested a wheelchair I assumed that the security guard would arrange this on my arrival !
When I arrived guess what - Yep no security guard ! Luckily I had made sure I arrived with a good half hour in advance, and with no way of contacting anyone within the building I rang the only contact number I had, which was the appeal processing centre, which I think is in Blackpool ? On calling them I was getting nervous because it was getting near to my tribunal time, but eventually got through and they said that they would ring the Clark at the courts !
10 minutes later the Clark came out to tell me that they did NOT have any wheelchairs ( Why put the option on the form if they don't actually have any ? ) He asked me if I could walk at all and I told him that I could if I sprayed my GTN spray, but only short distances, and had specifically requested a wheelchair to avoid having to do so, as I felt that because I did walk a short distance at the original F2F this was used as a reason not to award me PIP higher rate mobility !
With this he told me that there was quite a long distance to walk to get to the tribunal room and that he would go and speak to the judge, on his return he said that the Judge was prepared to move the tribunal " Downstairs" if I was prepared to spray my GTN and attempt to enter the building walking ! On agreeing to do this and outlining that I wanted this not to be taken into account when making any decision on my entitlement I sprayed my spray and slowly walked the short distance from my car to the building and negotiated my way up 4 steps and into the room, where I was given a seat and had to wait for the Clark to bring in a desk and chairs for the 3 tribunal members ! I commented to the Clark that I had never seen anything so ridiculous, that disability tribunals were being held at a building with NO disabled access and No wheelchairs ! To which he told me that when the tribunals were moved to the building that they had requested a ramp be put in but it never happened !!! and that the tribunals were moving again soon from where mine was held in Colchester to Chelmsford so they are now not bothering to put a ramp in ! UNBELIEVABLE in my opinion ! So anyone attending a tribunal in Colchester be warned .... there is NO disabled access to the building where the disability tribunals are held !!!

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8 years 1 month ago #155184 by Gordon
Replied by Gordon on topic PAYMENT FOLLOWING APPEAL !
Andy

Congratulations on winning your appeal.

Payments usually take 5-8 weeks to be processed, so I would not have expected you to have received anything yet.

The DWP rarely challenge the Decision, to do so they would have to believe that there was an Error of Law in the proceedings, they cannot appeal further just because they disagree with the Decision.

If they were going down this route then they would need to request a Statement of Reasons from the Judge that heard your appeal within one month of the hearing, you would be informed if this has happened.

You can always call them for an update.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 1 month ago #155264 by andyfish1963
Replied by andyfish1963 on topic PAYMENT FOLLOWING APPEAL !
Many thanks Gordon and thanks to all at B&W, the information and support from the site has been invaluable !
The following user(s) said Thank You: slugsta

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