Incapacity Benefit: DWP appealing the tribunal's decision?

[ee-bee]

Morning all. Well so far 2day my cwp has gone in the bank but no income support. Have phoned them up and they said if its internet banking it doesnt go in till after 3 o clock 2day.any one know if this is correct. Sharp man not in work 2day:-)

[ee-bee]

Yeah. Yeah:-):-)2 weeks money in bank. Feel like i'v actually achieved some thing.happy new year to you all.x

[MIKEY DABODEE]

tis brilliant result for you :) did sharp man put your DP on?

think he did same day banking for you that goes in after two usually

[ee-bee]

Mikey i have sent you a pm

[ee-bee]

Well i think at long last its all sorted. Had my appears paid back and conformation of being back on is. So to all those going through the appeal. Stick with it. Stay strong and dont give up. Its worth it in the end.x

[honeybee13]

Hi ee-bee. I'm very pleased for you and hope you can get on with enjoying your life now. Well done.

 

My best.

[MIKEY DABODEE]

Well i think at long last its all sorted. Had my appears paid back and conformation of being back on is. So to all those going through the appeal. Stick with it. Stay strong and dont give up. Its worth it in the end.x

 

 

All good news congratulations glad you won through in the end

[RaeUK]

Glad to hear it ee-bee

Rae.

[joanneroberts2482]

hi my partner got taken off the sick in may 2010 and was unable to attend there medical as cannot travel on his own he HAS to be accompanied by me and/the children we were told it would go to tribunal which it did and within 2 weeks of signing the forms for a written appeal without attending the tribunal we had great news! he had won but our benefits were completely stopped and were without any finacial help for ourselves and weree having to use the childrens tax credits to help liv really. Me and my partner have both contacted the jobcentre and the bebenfits office and have been told different stories! the firsdt one was we would get a back payment of benefits owed from may 2010 to present day we called them again today to be told they have a copy of the tribunal letter and we wont geet a bean :O( my fianc also suffers phsychologicaly having daily tablets for vertigo anti depressants and also beta blockers so a bit of a mixture so dosages have to be perfect other wise , well. god knows what would happen if he was taking them incorrectly. does anyone out there know of any information that could help with this matter as we as we seem to be at a stand still

[Chrisl973]

Hi , was wondering if anyone could offer me some advice please. I failed my PCA on 08/02/I0, but won my appeal for IB on 17/09/10. I had been receiving income support based on incapacity, so IB was national insurance credits only During my appeal, i was told to claim JSA which i did. Here is my concern. After about 3 weeks of winning my appeal, I contacted IB, they sent an email to income support, because they were the ones who were paying my benefit.A lady contacted me from IS to tell me that i had signed off income support to go on to JSA, so should put in a new claim. However, I was told after winning my appeal i would not have to do anything, the benefits would just go back to what they were before i failed the medical. My welfare rights officer has advised me to hang fire, because these things time to sort out.It has been almost 6 weeks after the successful appeal, what should i do? Any advice will be greatly appreciated. Chris

Edited October 27, 2010 by Chrisl973

[honeybee13]

Hello Joanne and Chris. The forum guru, Erika, doesn't seem to be around at the moment and this is probably to do with half term.

 

I think you might both get more advice on you own circumstances if you start separate threads. Could I suggest you contact the site team by clicking on the triangle at the bottom of your post and asking them to start a thread for you. If you have a title in mind, tell them, otherwise they will think of something.

 

My best, HB

[jabba jones]

I failed my PCA on 08/02/I0, but won my appeal for IB on 17/09/10. I had been receiving income support based on incapacity, so IB was national insurance credits only During my appeal, i was told to claim JSA which i did. Here is my concern. After about 3 weeks of winning my appeal, I contacted IB, they sent an email to income support, because they were the ones who were paying my benefit.A lady contacted me from IS to tell me that i had signed off income support to go on to JSA, so should put in a new claim. However, I was told after winning my appeal i would not have to do anything, the benefits would just go back to what they were before i failed the medical. My welfare rights officer has advised me to hang fire, because these things time to sort out.It has been almost 6 weeks after the successful appeal, what should i do? Any advice will be greatly appreciated. Chris

 

 

I got a bit confused, but I think I've understood it now.

 

You were claiming I/B (credits only) & I/S. You failed the medical & appealed.

 

Then rather than getting I/S at a reduced rate during your appeal for some reason you signed on. (Why was your I/B disallowed? Were you found fit for work at a medical or was it another reason?)

You have now won your appeal & need to get all your claims back to how they were pre-disallowance.

 

Anyway, before I/S can sort out any arrears you need to close your JSA claim down. Then make sure the I/B section have notified I/S you have won your appeal. I/S can then work out what arrears you are due (if any) once the JSA you've already received has been knocked off it. You may have to reclaim I/S, but you really need to check that out with the I/S processing team.

 

Give them a call tomorrow & ask for call backs from all 3 sections, because whilst it's not that hard to sort out, it does require all 3 sections to talk to each other & that is sometimes easier said than done! Good luck.

[Chrisl973]

Jabba and honeybee, thank you for replying. Jabba, i was found fit to work by a wonderful member of the ATOS team, you have probably heard the same story a million times, medical was totally different to the one i attended. I was advised to go on JSA, until my appeal was heard, so i did.It would've been a lot easier going on IS at a reduced rate, i realise that now.To be fair, the people at the job centre plus have been fair with me, they have not forced me into anything or rushed me. Anyway thank you for your advice,it is much appreciated

[Helen2264]

i`m gutted, i thought it was only me it had happened too,it seems its quite an unusual thing for dwp to do,when is your 4 week dead line?

 

I am sorry to hear about your situation it seems the more benefits you get the more the dwp give problems, I gave up persuing dla I failed twice before but this year they keep sending letter to see if I still want to appeal I rather not I am happy where I am I had my IB medical last month and passed first time couldn't believe it took a while for me to take it all in no fortnightly sign on or medical certificate needed ironic this break is giving me time to sort my illness out little by little but I am getting there.

 

I hope your problem will all sort out soon.

 

Take care

[chloe01]

no one from the dwp attended my tribunal, and i didnt know who was on the panel/bench(or whatever you call it)till the day.quite honestly if i felt well enough i would start a petition about the atos medical and send that to downing street but i feel so down about the whole thing,i`v got no fight left in me,never mind soon be christmas,x

 

Don´t give up, I have been fighting the DWP for 4 years now and should hear anyday of the outcome. My case has reached Tribunal, but because of it´s urgency only the Judge will be making a decision and not an actual panel. Please read my thread Disability Living Allowance in Spain if you want to, it´s been a total nightmare and I have wanted to give up so many times, but I know I am in the right and have found the strength from somewhere and could not of carried on without the help of my brillian legal advisor. Good luck x

[John Lawyer]

no news from you for a long time! What happened??

[chloe01]

Received another submission from DWP who have had to get a lawyer to answer my representatives submission. Which is full of absolute rubbish. Submission in response is being prepared by my Mr David R Burrage, nearly 80 pages long where he has identified all the lies etc that the DWP have been putting in their submissions going back to 2007. My case will then go to tribunal again and then my papers will be sent to the Advocate General at the European Court of Justice and also to the Director of Public Prosecutions. There will also be media coverage.

[John Lawyer]

Hello Chloe01,

thanks for replying so quickly. I am very interested in this, as I would also like to sue the DWP in the European Court, or any where for that matter. Their latest [problem] has been to withold publishing information with regard to Upper Tribunal Judge Mesher's request for a 'reference' from the ECJ with regard to the mobility component. They have put off publishing for 14 months, 1 month longer than their time limit (13 months) for lodging an appeal!! I have all Burridge's information from his website, and have just sent a letter to the Appeals Tribunal quoting all the relevant court cases. I have been paid back to (care component) 12/12/07 (the date they received my request for reinstatement) and my appeal is to back date to the time I left England, also I always request the mobility component to be reinstated. I wuld very much like to get in touch with Burridge, could you let him know? I can't contact him through his website, as you know. Could you ask him if it might be possible to do 'a class action suit' against them for all the people they have conned out of their benefit through the ECJ?

Best wishes and good luck. John.