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Thread: Receiving A Backdated Payment After Tribunal Win

  1. #1

    Receiving A Backdated Payment After Tribunal Win

    How long before dwp response to a tribunal decision

    I had a appeal tribunal on 30 june 2014 for esa

    which I won due to some regulation 29 (don't really understand it but was put in wrag)

    I have been waiting for the normal brown letter in the post so they can explain when they restore my payments to the correct amount & the outstanding 16months

    I try to phone them today but no luck

    can someone give me some clue how long this might take & can they confirm the phone number for esa

    do they take a long while to restore payments after a tribunal decision

    I read some info on this forum & it seems to varies

  2. #2
    It's only been a couple of weeks since the tribunal hearing. It takes a while for DWP to be notified of the decision and consider whether they are going to implement the decision or appeal against it. An appeal is rare, and is only possible if DWP believe the tribunal made an error of law.

    I'd be surprised if it took much more than another two weeks, but any figure we give here is a guess. Only DWP can advise you how long it might take, which may well depend on which Benefit Delivery Centre is involved.

    There is no single phone number for ESA - you need to look at the top of a recent letter relating to ESA.

  3. #3
    Quote Originally Posted by Flymo View Post
    It's only been a couple of weeks since the tribunal hearing. It takes a while for DWP to be notified of the decision and consider whether they are going to implement the decision or appeal against it. An appeal is rare, and is only possible if DWP believe the tribunal made an error of law.

    I'd be surprised if it took much more than another two weeks, but any figure we give here is a guess. Only DWP can advise you how long it might take, which may well depend on which Benefit Delivery Centre is involved.

    There is no single phone number for ESA - you need to look at the top of a recent letter relating to ESA.
    hi flymo,
    thanks for the info they said at my appeal that dwp would receive the decision the next day
    so my appeal was on a Monday & the appeal court judge said they would receive the decision on Tuesday

    I know that means they take a while to imput the tribunal decision & I thought it might take around a month
    I was just asking roughly how long these things can take

    Just one more thing do appeal courts send reports to the dwp like a transcript of the proceedings (if so that would be sent to both sides)

    Also the dwp only have a month from the date of tribunal if they wish to appeal on only a point of law is that correct & they must notify the other party in that 1 month period

    I think the office that dealt with my claim was in west midlands
    Would I be better of waiting a month then ring them if no contact after 1 month
    thanks

  4. #4
    am still waiting for the brown envelope over a year after I won my tribunal, but I got both the back payment and the full rate by my next payday, they don't make you wait very long

  5. #5
    Quote Originally Posted by Linda View Post
    am still waiting for the brown envelope over a year after I won my tribunal, but I got both the back payment and the full rate by my next payday, they don't make you wait very long
    Hi Linda, how did you know what your weekly rate was
    As they normally give you a break down of your beneifit

    And how did you know your back-payment was correct

    I have already had on payment after my tribunal win (but it was still paid at the old rate like I was still pending appeal)
    I know they may not have action the tribunal decision yet, But when I get paid again it will be almost a month

    Would it be best to wait till then, Then if no letters received phone them or contact CAB to case it up

    Also is their a report that goes with the tribunal decision
    Like a transcript of the hearing If so is this available to both sides
    Thank You

  6. #6
    If you want a Statement of Reasons (which normally comes along with a Record of Proceedings) from your tribunal, you must apply in writing for it within one month. If you do not make that written request, no Statement of Reasons will be prepared unless DWP request it.

  7. #7
    Quote Originally Posted by Flymo View Post
    If you want a Statement of Reasons (which normally comes along with a Record of Proceedings) from your tribunal, you must apply in writing for it within one month. If you do not make that written request, no Statement of Reasons will be prepared unless DWP request it.
    Hi Thanks for that Flymo,
    Do I request it from HMCTS Or DWP If I want a copy
    As on the day of my tribunal I got 2 A4 print outs decision letter plus one other explaining the appeal rights
    That was all I received on the day
    I know everything said was noted down on the record
    But as I have not received anything concerning the tribunal from DWP yet not sure if they include it in their paperwork

    I`m Concern if they appeal do they after write to me within the 4 weeks
    As I explain the regulation 29 applied (whatever That is)
    The Judge & Doctor both said I have life threatning illness

    So I`m hoping it will sort itself out quickly

    Sorry to be a problem but concern that it will drag on ,on,on

  8. #8
    if the dwp ask to appeal you will also receive a copy of the forms (statement of reasons and the record of proceedings),if you dont actually need it dont ask for it as dwp will get a copy and may interpret it that you are considering appealing this will give them the chance to see if they can/will do so, yes they have to appeal within 4 weeks of tribunal,it could take 6-8 weeks for dwp to start payments,reg29 means you are in wrag it also means that you did not meet any of the descriptors and the tribunal thought there would be a risk to you or someone else should you be found fit for work

  9. #9
    I know what my health problems are but are worry that this will just drag on,on,on

    I hope this will be sorted by dwp soon

    Do dwp normally sent out letters stating what a person benefit will be per week explain the type of benefit it is

    Also confirm the backdated payment & for period & amount

    so i suspect i could receive a few letters from dwp

    I will give it another couple of weeks then give them a call or contact my local cab

    The reason i ask some of the question i ask was to see if other member had personal experiences with the issues i ask

    thanks

    Ps: when i get a letter from dwp will it be a bundle

  10. #10
    I hope this will be sorted by dwp soon (could be 6-8 weeks may be sooner)

    Do dwp normally sent out letters stating what a person benefit will be per week explain the type of benefit it is (yes)

    Also confirm the backdated payment & for period & amount (yes mostly but not always)

    so i suspect i could receive a few letters from dwp (possibly 1 or 2)

    Ps: when i get a letter from dwp will it be a bundle (no, not unless its a tribunal bundle)

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