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Won tribunal but still no money
- Pixie
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7 years 9 months ago #162929 by Pixie
Won tribunal but still no money was created by Pixie
After the trauma of going to my pip tribunal I was delighted to find out I'd been awarded standard mobility and enhanced care. I was told I would hear from pip within 2 weeks so when the dwp letter arrived I opened it enthusiastically only to find they are taking the tribunal case to courthe which can apparently take several months and meanwhile they still don't pay me.. All this started in Nov 2015 with my tribunal date May 2016. I honestly thought once the tribunal had awarded my pip that was the end of it ! ? X
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- Gordon
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7 years 9 months ago #162998 by Gordon
Sorry to hear that this is happening.
There are a number of checkpoints in the process where the DWP will be unable to continue and must action the Tribunal Decision.
The Statement of Reasons which they will have requested (you will receive a copy), could take a couple of months to be produced. If they can't find an Error of Law , then their appeal stops.
If they do find one then they can ask the Judge of your hearing to Set Aside the Decision, this may be a further two months.
If the Judge refused then they can appeal directly to the UTT, probably another two months.
A District Judge will look at the case to see whether there could be an Error, if not then that's it, if they agree then it will be submitted to the UTT for a hearing. Another month
Lastly a UTT hearing is 1-2 months.
So it could be as little as a month of two or possibly best part of a year.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Won tribunal but still no money
Pixie wrote: After the trauma of going to my pip tribunal I was delighted to find out I'd been awarded standard mobility and enhanced care. I was told I would hear from pip within 2 weeks so when the dwp letter arrived I opened it enthusiastically only to find they are taking the tribunal case to courthe which can apparently take several months and meanwhile they still don't pay me.. All this started in Nov 2015 with my tribunal date May 2016. I honestly thought once the tribunal had awarded my pip that was the end of it ! ? X
Sorry to hear that this is happening.
There are a number of checkpoints in the process where the DWP will be unable to continue and must action the Tribunal Decision.
The Statement of Reasons which they will have requested (you will receive a copy), could take a couple of months to be produced. If they can't find an Error of Law , then their appeal stops.
If they do find one then they can ask the Judge of your hearing to Set Aside the Decision, this may be a further two months.
If the Judge refused then they can appeal directly to the UTT, probably another two months.
A District Judge will look at the case to see whether there could be an Error, if not then that's it, if they agree then it will be submitted to the UTT for a hearing. Another month
Lastly a UTT hearing is 1-2 months.
So it could be as little as a month of two or possibly best part of a year.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Black Dahlia
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7 years 9 months ago #163328 by Black Dahlia
Replied by Black Dahlia on topic Won tribunal but still no money
That is just horrifying, and she won at tribunal? How is she supposed to live while waiting, in the worst case scenario, for her benefit to be paid?
This has terrified me as I am at MR stage and am expecting to have to go to Tribunal.
It seems if they are out to get you, even if you win, they have another plot up their sleeve.
How utterly horrendous.
What constitutes an Error of the Law and how could a tribunal make such a thing. Has anyone had their Tribunal decision revoked on the basis of an Error of the law.
Are there any statistics on this DWP strategy? I would like to know if there are.
This has terrified me as I am at MR stage and am expecting to have to go to Tribunal.
It seems if they are out to get you, even if you win, they have another plot up their sleeve.
How utterly horrendous.
What constitutes an Error of the Law and how could a tribunal make such a thing. Has anyone had their Tribunal decision revoked on the basis of an Error of the law.
Are there any statistics on this DWP strategy? I would like to know if there are.
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- slugsta
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7 years 9 months ago - 7 years 9 months ago #163333 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Won tribunal but still no money
The DWP have the same right as the claimant to take things further - That is, they cannot simply argue that they do not like the result, only that the first Tribunal erred in some way. Such an error does happen although it is not common.
What is an Error of Law?
What is an Error of Law?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.
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