- Posts: 3
× Members
PIP tribunal won
- CharlotteH
- Topic Author
- Offline
Less More
2 years 11 months ago #259107 by CharlotteH
PIP tribunal won was created by CharlotteH
Hello, I have tried looking for an answer to this but can’t find one. I won my PIP tribunal on 29/04/21, got my letter from the courts on 1/5/21. I was awarded 11 points on daily living and 4 on mobility until 2023. What happens next? Does the DWP ring you or do you wait on a letter?
Income support was informed on 4/5/21. Does anyone know what happens next with that and the time scale? Wasn't told much on the phone call.
And finally, I’m wanting to get more evidence for the questions I wasn’t awarded points on. Would I be able to start a new claim at the end of the year and keep the claim I have until the new one is sorted? Thank you.
Income support was informed on 4/5/21. Does anyone know what happens next with that and the time scale? Wasn't told much on the phone call.
And finally, I’m wanting to get more evidence for the questions I wasn’t awarded points on. Would I be able to start a new claim at the end of the year and keep the claim I have until the new one is sorted? Thank you.
Please Log in or Create an account to join the conversation.
- Catherine
- Away
Less More
- Posts: 1138
2 years 11 months ago #259110 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic PIP tribunal won
Hello Charlotte and congratulations on getting something from your appeal, even if it was not everything you hoped for.
Both you and the DWP can appeal to the UT if you believe that the FtT made an error in law. For this reason the DWP seem to quite often take a month before they send the letter with the increased amounts and start paying them to you. Frustrating I know!
Yes you can start a new claim whenever you wish, and yes your current award will continue until the new claim is decided. However if you were to go down the route of an appeal to UT any additional payment would be backdated to the start of the claim you have just had decided.
Whichever route you decide to go down it is worth getting copy of the Statement of Reasons and Record of Proceedings from the FtT, you never know what they might reveal.
Catherine
Both you and the DWP can appeal to the UT if you believe that the FtT made an error in law. For this reason the DWP seem to quite often take a month before they send the letter with the increased amounts and start paying them to you. Frustrating I know!
Yes you can start a new claim whenever you wish, and yes your current award will continue until the new claim is decided. However if you were to go down the route of an appeal to UT any additional payment would be backdated to the start of the claim you have just had decided.
Whichever route you decide to go down it is worth getting copy of the Statement of Reasons and Record of Proceedings from the FtT, you never know what they might reveal.
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- CharlotteH
- Topic Author
- Offline
Less More
- Posts: 3
2 years 11 months ago #259119 by CharlotteH
Replied by CharlotteH on topic PIP tribunal won
Thank you. I’m just happy they didn’t score me 0 like the DWP did. A little disappointed a lot was ignored but I don’t have it in me to carry on the fight. Need a bit of a break I think but I will get the statement of reasons and see if that changes my mind. Will be very interesting to see as the doctor questioning me got some of his information wrong and more than likely based some of his information on that.
Thank you for the information, it’s really helpful to know. Just wanted to check it’s normal and they aren’t going to try take it off me
Thank you for the information, it’s really helpful to know. Just wanted to check it’s normal and they aren’t going to try take it off me
Please Log in or Create an account to join the conversation.
- Catherine
- Away
Less More
- Posts: 1138
2 years 11 months ago #259121 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic PIP tribunal won
It is normal Charlotte, and they can only take it off you by appeal to the Upper Tribunal, which is exceptionally rare.
Catherine
Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- CharlotteH
- Topic Author
- Offline
Less More
- Posts: 3
2 years 11 months ago #259228 by CharlotteH
Replied by CharlotteH on topic PIP tribunal won
Thank you. I got a phone call off them checking my bank details and asking if I have spent more than 4 weeks abroad or in hospital since the date of my claim. She said I should get my letter and back pay soon. Thank you for your help.
The following user(s) said Thank You: Catherine
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1311
2 years 11 months ago #259253 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP tribunal won
Hi CharlotteH,
I can confirm what Catherine says is correct.
It sounds like DWP is putting payment into place so check your bank balance!
Your PIP award should be back dated to the time of claim, or review start if an ongoing claim. You get a notice explaining the back pay. Check this too!
Your award of daily living will allow someone who cares for you to claim Carer’s Allowance. (They need to care fir over 35hrs per week, and not care for anyone else, and not earn more than £128 per week.)
If you live without any other adults, and no one cares for you and claims Carer’s Allowance, then you might be eligible for a severe disability premium.(SDP). It's worthwhile speaking to DWP about this. Also tell your council as it could also upgrade your housing benefit.
Any SDP or Carer’s Allowance should be backdated to the start of the claim.
As for any appeal, it will take a while fir the written statement and record of proceedings to arrive. Make sure you request them within a month of the tribunal date.It is entirely likely that there is an error of law and you could ask for the mobility (non) award to be set aside.
Good luck and well done on your award
LL26
I can confirm what Catherine says is correct.
It sounds like DWP is putting payment into place so check your bank balance!
Your PIP award should be back dated to the time of claim, or review start if an ongoing claim. You get a notice explaining the back pay. Check this too!
Your award of daily living will allow someone who cares for you to claim Carer’s Allowance. (They need to care fir over 35hrs per week, and not care for anyone else, and not earn more than £128 per week.)
If you live without any other adults, and no one cares for you and claims Carer’s Allowance, then you might be eligible for a severe disability premium.(SDP). It's worthwhile speaking to DWP about this. Also tell your council as it could also upgrade your housing benefit.
Any SDP or Carer’s Allowance should be backdated to the start of the claim.
As for any appeal, it will take a while fir the written statement and record of proceedings to arrive. Make sure you request them within a month of the tribunal date.It is entirely likely that there is an error of law and you could ask for the mobility (non) award to be set aside.
Good luck and well done on your award
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris