Page 1 of 3 123 LastLast
Results 1 to 10 of 30

Thread: Help! PIP tribunal win, but could be headed to 2nd tier tribunal.

  1. #1

    Help! PIP tribunal win, but could be headed to 2nd tier tribunal.

    Hi, I posted the other day explaining my husband had won his first tier tribunal. We had a letter saying "sorry, we are not paying you" the benefits agency have requested the notes and proceedings I can only assume with a view to appealing the tribunal decision. So what happens now? Does anyone have experience of 2nd tier tribunals? This has all been dragging on for a year now. How long do these things take to sort out?
    I really would appreciate any advice, and to here from thoes with some experience of this situation.
    Thanks

  2. #2
    Hi, I also won my PIP tribunal in december 2014 and I received a letter from the DWP three weeks ago saying they wont pay me any benefits and they are asking for statement of reasons from the tribunal. Unfortunately the tribunal service can take several months to send the statement of reasons so we are in for a long wait.

  3. #3
    It just seems all wrong to me, we are left struggling financially my husband is unable to work and had to retire through I'll health, he has heart failure an artificial heart valve and pacemaker, the surgery saved his life but the quality of life has diminished severely in the last 18 months, he is only 45. The impact on my husbands mental health has been devastating. ATOS had my husband assessed by a physio! You couldn't make it up! The chap hadn't a clue! He was not qualified to comment on the conditions he was assessing my husband about. Another joke about the system, my husband was placed in the ESA support group, without an assesment!!! I wish the departments would talk to each other, ESA obviously recognise the severe impact my husbands health conditions have on his life, PIP keep trying to make out there is little wrong with my husband. Original PIP claim awarded 4 points care, 4 points mobility. Reconsideration stripped that to 2 points care, 4 points mobility. Tribunal awarded standard rate care, I think it was 10 points and standard mobility I think this as 8 points too. My husband was put through an hour of intense grilling by a judge, GP and a disability expert, they came to this conclusion based on the evidence submitted and the interview with my husband and it is still not enough???

  4. #4
    you both need to contact the dwp to see if they have actually appealed against the decisions or if they are waiting for the papers and reasons before paying.

    from my understanding the dwp like the claimants only have so long to appeal decisions, hopefully others will come along regarding time limits and so on for the parties concerned.

    pretty sure when I won my appeal that I had to wait around 3 months before I got any payments sorted and think in that case they were waiting for all relevant documents in the case.

  5. #5
    The DWP are waiting for the statement of reasons from the tribunal and than they have a month to make a decision after rreceiving the reasons frpm the tribunal whether they want to go to the upper tribunal. The whole system is a disgrace and disabled people like myself are being harassed and bullied.

  6. #6
    Senior Member
    Join Date
    Nov 2014
    Location
    wales
    Posts
    306
    That is horrific whT they are putting you through on top of the health issues. I really feel for you.

  7. #7
    Thanks for the replies, I am sorry you are all having a hard time too. Yes I agree 100% it is like bullying. The system is a mess, claimants deserve at the very least to have thier assessments carried out by someone with knowledge of thier conditions and the impact they have. If a GP referred someone with mental health issues to a physio you would think it madness, but it is perfectly acceptable for DWP to do so for an assessment which has such weighty consequences.
    I guess we have to sit it out.

  8. #8
    They shouldn't be allowed to do this you would think after you won the initial tribunal that should be it. But no they are putting more lives at risk and don't they don't seem to care how this is effecting the disabled.

  9. #9
    @ Snowy & aman123

    You should both follow the advice I gave Snowy in her thread, contact a professional adviser, if your cases should go to the Upper Tier you're entitled to representation there and Legal Aid is available for that. But it's all a job for professionals and your adviser(s) will know how to start organising that and the sooner you inform them the better, and the better informed you will be as well.

    Contrary to what you've said in your threads, no one is being 'harried or bullied' what's happening is, PIP is a relatively new benefit and the DWP looking to build some 'precedent' to ensure it's dispensed accordingly/properly. As I've said this is taxpayers money, many of those receiving less in wages than what some claimants do in benefits, so lets all respect that.
    If your cases should go all the way the best result the DWP could hope for is a referral back to a first Tier Tribunal, where your cases will be reheard with a direction as to procedure not the facts as you put them. This is why it's important for you both to contact an adviser.

    Hope that explains it a bit for you both.

  10. #10
    How could you possibly say that we are not getting harassed and bullied? Only I know what I am going through on a day to day basis. The DWP sent me a letter saying that the tribunals decision has been implemented and I will receive the backdated payments as soon as possible. Two days later they sent a letter apologising for the first letter and asking for statement of reasons from the tribunal. If that is not bullying than I do not understand what is.

Similar Threads

  1. DLA Tribunal Soon
    By Caladave in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 21
    Last Post: 05-14-2014, 02:08 PM
  2. Bedroom Tax Appeal Successes at the First Tier Tribunal.
    By vikstar in forum News and general discussion
    Replies: 2
    Last Post: 10-11-2013, 07:35 AM
  3. GOT A NEW ESA50 FORM WHEN ORIGINAL 1st TIER TRIBUNAL DECISION IS STILL PENDING??HELP
    By yodasmate in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 1
    Last Post: 10-03-2013, 03:46 PM
  4. help after tribunal
    By thor_uk in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 10
    Last Post: 07-19-2013, 03:13 PM
  5. what to do after first tier tribunal refusal
    By jaidenslot in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 25
    Last Post: 04-03-2013, 11:33 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •