Tribunal Win for DLA but DWP Refuse To Pay

[scotsbabe]

Hi

I am hoping maybe some will be able to help with this one...........

i have been getting my DLA for 8 years, was picked from their system to be reassesed they awarded me nothing took my from high care and mobility to nowt, i appealled and lost again, went to Independant Tribunal and won with a unanimous decision and awarded it back with backdated monies.

I however received a letter today from the DWP stating that they will not be paying me the benefit and that they applied to HMCTS for a statement of the reasons for their decision to award me it back as they wish to consider whether to apply for permission to appeal against their decision.

In the letter also states that if they decide no to apply for appeal they will pay me straight away but if they do apply for permission to appeal and it is not granted......they will consider whether they can start paying me benefit again

 

I am furious at this and frustrated to say the least............ anyone heard of this happening, prompt replies would be appreciated

[assisted blonde]

This is so frustrating for you but they do have a right to see the decision and appeal against it if they feel they have a case, however I believe that there is a limit as to how long they can leave it before deciding to appeal or pay so I suggest that you contact your legal advisor or look up on line to see how long this may take. As the decision was unanimous it sounds like you have a good case.

[id6052]

Following a First-tier Tribunal, any party can request a Statement of Reasons to understand the rationale for the decision.

 

If a party to the appeal thinks that the First-tier Tribunal has erred in law, they can apply for leave to appeal to the Upper Tribunal.

 

Whilstthe DWP are considering appealing to the Upper Tribunal, they will not implement the First-tier Tribunal's decision.

 

Information on appealing to Upper Tribunal can be found here. http://www.justice.gov.uk/tribunals/aa/appeals

[id6052]

there is also a leaflet abnout the process

 

http://www.administrativeappeals.tribunals.gov.uk/Documents/UT1_SocialEntitlementLeaflet_Nov09.pdf

[citizenB]

You had two threads on this issue, so I have merged them

[sandrahinder]

Hi We are in the same position and had the same reply's we won our appeal on the 19th December 2010 and still have had nothing with the same answers they are looking into the decission of the tribunal judge. It is now 30th April, we are at our witts end so we have gone to our MP for help and he is looking into it. He said it is verging on harrasment from the DWP. I think they are just hoping you will give up, my husband nearly did with trying to take his own life because of the stress! They don't care

[citizenB]

scotsbabe, is there an update for this, please ?

[sandrahinder]

Wouldn't it be interesting to find out how many people have won their appeals and not been paid, how much money are they keeping from people who are fully entitled?

[Busaman]

The only grounds for appeal to the upper Tribunal are if there were any failures in law or failures in the correct legal procedures during the lower tribunal hearing.

 

No one can appeal to the upper tribunal just because they do not agree with the lower tribunal decision.

Disagreeing with the decision is not accepted as grounds to appeal.

 

Anyone who wishes to appeal has to write and apply to the lower tribunal for the "statement of reasons" for refusal. But there is a time limit to apply for the SofR. However the length of time the tribunal service takes to reply can be several months. They will not acknowledge your letters either so you must phone them and make sure they have received them. SEND ALL LETTERS RECORDED DELIVERY AND CHECK THEY HAVE BEEN DELIVERED.

 

Once the written statement of reasons has been recieved, there is then 1 month or maybe 4 weeks? maximum to appeal to the upper tribunal by proving clear failure sin law or legal procedures in the lower hearing. You will probably need legal advice on this.

No legal reasons = no upper tribunal hearing.

 

If either of those two deadlines are missed then the right to appeal is lost.

 

The DWP saying they will appeal the decision is incorrect, but we all know how the DWP operate.

[scotsbabe]

Hi All,

 

Update on my case...................... No change as yet, keep phoning the DWP they say they have not heard anything and the other day i was told it looks as if the tribunal have not received their letter asking for a staement of reasons. This is driving me mad, as i really have nothing to live on except pennies from my incapacity. I have honestly got to say, I also think this is harrasement, why have tribunals if the dwp are not going to comply with their decision. Fell for the rest of you who are also going through the same, i also think i may take things up with my mp

[scotsbabe]

Thanx Busaman for the info

It is now May and as yet i have heard nothing regarding getting my monies of DLA, as stated i won unanimously at tribunal in february, when i call the dwp they now say the tribunal didnt receive their first letter and just in the past 2 days have sent another, Can they do this, being 3 months since my tribunal?

I am at my wits end, just barely getting by week to week on the money i have, but am a prisoner in my home, due to not having a car, I have not had dla money since october 2011

[Nystagmite]

Have you sent DWP a copy of your award letter from the tribunal?

[scotsbabe]

Yes, there was also a man at the tribunal hearing from the dwp. Tried getting help also from my mp regarding this, but because it has been to tribunal etc he cant do anything. I think this is scandalous, there must be someone who can help or something i can do about this

[abc123def]

they only have 28 days to ask for the statement of reasons so this is well past that, seems like they have missed the boat and need to pay up unless they can prove the arrival of their request for the SOR at the Tribunals service which I doubt they can. What a nightmare for you. From what I have read when the DWP do not agree with the Tribunal's decison and there is no error in law they can find within the SOR they simply send you another form to reassess you. Then again with a supersession (sp?) they then need to prove things have changed since the Tribunal and the onus is on them to come up with that proof.

[scotsbabe]

Well thought i would post an update on my case, still battleing on, 4 months on and still they are not paying me, apparently still waiting on statement of reasons which apparently they asked for in feb and have asked again for in may,,,,,surely this is not right, i am barely living from week to week

[house3]

what a utter disgrace the system is,people who are unwell ill disabled need a reqular income just like everyone else,yet the dwp seem to treat us very poorly,you sould try crises loan if you havent all ready,explain all to them,and try welfare rights is it called..i hope it will be sorted for you very soon,i would be pulling my hair out if i was in your shoes,it also making your illness worse i bet,we the stress,good luck babe....

[scotsbabe]

thank u so much for your reply, just feel no one wants to help and i am on my own with this, it is disgarcefull. I have been like a prisoner in my own home as i have no mobility car to get about and also with money being tight can hardly live from day to day, they just seem not to care. I could understand them wanting statement of reasons if it was not a unanimous decision, but it was and i had consultant reports etc also

[Guest amianne]

I would point out that the DWP are doing nothing different that the other party (the claimant) isn't entitled to do.

 

If it was a unanimous decision in favour of the DWP, the claimant could carry out the same actions if they felt that there may be a case to answer.

 

I'm currently still arguing over a decision that was made at the 1st tier Tribunal in December 2011 in respect of a claim made in 2009.

I have yet to submit my reasons to the Upper level.

No doubt the argument will go on for another 12 months.

 

This just balances what the DWP are doing in your case.

 

The DWP or the Tribunal do not consider the financial impact on you, they, quite rightly, are only interested in due process and complying with the relevant law.

I doubt very much that they are thinking if you can pay for your electricity or not.

[stu007]

Hi scotsbabe

 

You say that DWP say they wrote to them in Feb and they are waiting on the Statement of Reason.

 

Now what comes to mind here is where is your actual proof that they have done this?

 

So put them to Proof they have done this.

 

I would now write to DWP requesting a copy of the letter they sent asking for the Statement of Reason. (this way you can check the dates to see if the actually don this within the time limits and remember it is meant to reach them by that time limit not posted on the last dat of that time limit).

 

Oh remember to cc the letter to the tribunral and send them a copy as well.

 

This way you are putting the onus on DWP to provide proof that they have actually done this within the time limit and you can check it yourself.

[sandrahinder]

Hi

I am hoping maybe some will be able to help with this one...........

i have been getting my DLA for 8 years, was picked from their system to be reassesed they awarded me nothing took my from high care and mobility to nowt, i appealled and lost again, went to Independant Tribunal and won with a unanimous decision and awarded it back with backdated monies.

I however received a letter today from the DWP stating that they will not be paying me the benefit and that they applied to HMCTS for a statement of the reasons for their decision to award me it back as they wish to consider whether to apply for permission to appeal against their decision.

In the letter also states that if they decide no to apply for appeal they will pay me straight away but if they do apply for permission to appeal and it is not granted......they will consider whether they can start paying me benefit again

 

I am furious at this and frustrated to say the least............ anyone heard of this happening, prompt replies would be appreciated

 

I am sorry to say but they have done this to so many people it's criminal. My husband won his case as you did, we got the same letter. 5 months later they sent a letter to say they were going to go back another two years and start again. We have appealed and are still waiting for a date. In the mean time they are taking him to court for fraud for 25 grand before we even have a date for our appeal. They are evil and I suggest very strongly that you get a solicitor or you being 100% right will get stuffed by the DWP. Our has been going on for nearly 2 and a half years. My husband had 4 medical specialist backing him and they still said they dont agree with 4 judges.

Get as much backing as you can!

[sandrahinder]

Just an update on our dire situation, still no money! In fact we are waiting for an appeal date for DWP not paying us from our win with the tribunal last year. Also had a fraud case dropped in March but they have raised it again and we have court date this month for fraud of 25 grand for the dla case we WON in Dec last year. They have ignored our win in Dec 2011 and have decided to take it back another two years and start again from 2006. I really dont understand how we can win our case and then DWP not pay us what they owe us and take us to court for money they should be paying us! all this before we even have a date for another appeal. In the judges eyes we are entitled to DLA and payment but in DWps eyes we are guilty after being prooved inocent! Me and my children have saved my husbands life twice, where is the justice!

[Nystagmite]

Disgusting

[charliesgranny]

sandrahinder I really feel for you its disgusting the way they have treated you. My son is being prosecuted and we have doctors and specialists who are 100% behind him but dwp are determined he is guilty of fraud luckily he works so he does still have money coming in.

[fedupandold]

Hi scotsbabe

 

You say that DWP say they wrote to them in Feb and they are waiting on the Statement of Reason.

 

Now what comes to mind here is where is your actual proof that they have done this?

 

So put them to Proof they have done this.

 

I would now write to DWP requesting a copy of the letter they sent asking for the Statement of Reason. (this way you can check the dates to see if the actually don this within the time limits and remember it is meant to reach them by that time limit not posted on the last dat of that time limit).

 

Oh remember to cc the letter to the tribunral and send them a copy as well.

 

This way you are putting the onus on DWP to provide proof that they have actually done this within the time limit and you can check it yourself.

 

I doubt very much that that action would achieve anything. Yes They do have 1 month to apply, but from past bitter experience what the DWP are required to do is not the same as what Joe public can get away with.

 

The DWP don't have to prove anything to the TS, they will just accept what they are told. As a prime example of a recent case of mine, I was under a time limit to submit to reply to the TS based on the DWP's submission. I complied simply because the order of the Tribunal to do so said that 'failure to ensure that this information is received by ........ will result in your appeal being dismissed. The next step was that the DWP where put under the same length of time and warning to reply to my submission. They submitted it 6 weeks after the limit had expered with the excuse that they were short of staff. The Court accepted it without question.

I then went on to lose the appeal with the TS citing 'the issuing of the decision notice was made by the DWP on the ......... and was sent to the last known address - The DWP have therefore complied with what was required of them and it matters not that the address used was an address that was last used by the appellant more than 5 years earlier...The notification by the appellant of the appellant's new address was received by the DWP and by accident or otherwise it had not been noted on their file....I conclude that service was correctly carried out and therefore the appeal is dismissed'

 

That appeal was because I had not appealed against a decision I knew nothing about as the notice had not been sent to the correct address. That one cost me over £20,000 in benefits that I was awarded but could not get because of time limits applying.

 

All that is required of the DWP is that they say that it was posted to the TS. No evidence is needed to support this and no evidence of it being received by the tS is required.

 

Try using the same against the DWP - you are unlikely to win unless you can show evidence that it was posted to an address with reasonable expectation that they would receive it.

In another claim for a different benefit, I was a few days late in notifying a change of circumstances within the 1 month period (posted on the 31st day, but not received until 3 days later - no evidence kept or obtained as to when I managed to post it. I was simply too ill to get out of bed and too dosed up on medication to care. My wife had no idea that anything needed to be posted as all of the paperwork at home is down to me. That hiccup cost me the backdating of a benefit to the tune of over £1200!!!

[sandrahinder]

Well here is the latest in the pathetic justice system for the disabled! After 16 medical reports from 10 specialist to back us up, the appeal came to the conclusion that my husband was not disabled enough for DLA with epilepsy, brain damage, a leg brace to walk, depression and severe mood swings due the head injury and 3 suicide attempts. The judge said we had to pay the DWP £25,000 back. The DWP are still pursuing fraud in court and we although being below the poverty line and can barely feed ourselves, have to pay them back £30 per month! And to top that we have paperwork a week after the second appeal that the DWP didn't have the authority to do the surveillance as it was NOT signed to say they could do it. But the judge said he hasn't reviewed our case, but has decided that we are not entitled to an upper tribunal appeal!! anyway. Can any disabled person get justice!!!!