In this brief guide, we will look at instances of a PIP letter after tribunal win, as well as some other information about PIP tribunals and other PIP procedures.
PIP Letter After Tribunal Win
The PIP letter after tribunal win will usually be to first let the claimant know that they have won, and then at a later point they may get the letter informing them of the details of their PIP claim.
The most important PIP letter after tribunal win, however, is the one which contains the intricacies of how the payment will be done, how much they will be getting and the other details of the PIP claim.
PIP tribunal is the last resort for many people who feel that the process wasn’t fair or those who have somehow suffered from some problem in the PIP claim process, which has led to them getting a low score and therefore either they have not gotten the PIP payment at all, or they have received lower PIP than what they need for their survival.
PIP tribunals have gotten significantly more complicated because of the coronavirus but they are still happening, and usually the judge may assess the claim in whatever way is most suitable in a particular case.
If the judge assesses a PIP claim based on the documents alone, they may send the person a ‘provisional decision’, which may also arrive as a PIP letter after tribunal win.
However, it may be possible that a claimant may not agree with the provisional decision, in which case they can tell the tribunal that they want a hearing instead and for this the contact details of the relevant tribunal may be found on GOV.UK.
In case there is going to be a hearing, the PIP tribunal might suggest a phone call or video conference and the method to prepare for such a hearing may be found on the website or the DWP helpline may also be called.
Additionally, when someone asks for a hearing in person, they will get at least 14 days’ notice of the date and it will most likely take place either in a court building, a hearing centre or a law centre office.
PIP letters regarding tribunals usually refer to whatever place the hearing is being held “the tribunal centre”.
Here is an instance of someone receiving a PIP letter after Tribunal Win and what happens next usually:
Today I received a letter through the post to say that my PIP tribunal has been successful and I will now be awarded the Enhanced Rate of Daily Living and the Enhanced Rate of Mobility.
It says that this has been awarded from June 2017 (which is when I started my claim for PIP, I didn’t receive DLA). Does this mean that is when it will be back paid from?
If so, how long does it usually take for backdated payment and how long for the new rate to take effect?
For those going through this process themselves, I encourage you to be persistent. It has taken such a long time for me to get to this point, my face to face assessment was in December 2017! I didn’t have to attend my tribunal fortunately as the judge saw through the lies against the evidence. My face to face assessor had blatantly copied and pasted her answers, even referring to me as “she” numerous times. (I’m a 32 year old bearded man!)”
Thanks for any responses in advance!
“Great news. It can take 8 weeks for backdated payment to be made and the same for your new payments to take effect. You will be backdated to the start of your PIP claim.
DWP has 1 month from the date of the decision to request the statement of reasons. Once they receive that they have to find an error in law before they can appeal. They sometimes request the SOR but it doesn’t mean they will appeal. If they do request it they will contact you.”
Won PIP Tribunal: How long for Back Pay?
The most common question most people ask after they have won a PIP tribunal is how long for back pay, because it is well-known that the tribunal requires the DWP to also pay back pay that spans back to the start of the PIP claim, and therefore the individual might be anxious to start making the payments that may have gotten delayed due to the financial problems.
After someone has won a PIP tribunal it may usually take about 4-8 weeks for back pay, and in some cases it may even be sooner.
Once someone has won the tribunal hearing they may also sometimes have to wait a bit for the back pay, but they will get it regularly once they have won the PIP tribunal, because the tribunal is an independent process that is not a part of the DWP system.
The PIP tribunal is technically part of the court system, you can think of it as being far more unbiased and they will likely have more strict rules even about the government agencies that they are looking after.
By law and regulations, the DWP has about 1 month from the date of your PIP tribunal win to request the statement of reasons and once they receive this statement they have to find an error in law before they can appeal, which is also something they can do, so make sure you don’t pack up your documents just yet.
In some cases, the DWP can also challenge the tribunal after they have received the statement of reasons, and in that case they may let you know by letter.
Also, just because they are requesting the statement of reasons does not mean that they are going to appeal, so don’t worry or panic just yet either, and if they do want this statement, they will contact you directly.
The process might go a bit quicker if they are not requesting the statement of reason, but in some cases the back pay has been known to take as long as about 8 weeks, so be prepared.
What to Expect at PIP Tribunal
When you are at the PIP tribunal or when you start preparing for one, you might often want to know what you are in for, whether it is happening in person or by audio or video, and here are some things you might expect at the PIP tribunal, according to citizens advice:
- “The judge will introduce the tribunal and explain what it’s for – they might call you ‘the appellant’ and the DWP ‘the respondent’
- They’ll ask you questions about your reasons for appealing, and get you to describe things like what you do on an average day
- If someone from the DWP is there, the judge will also ask them questions
- If someone goes with you, they might be asked if they want to say anything
- once everyone has had a chance to speak, you will be asked if there’s anything more you’d like to say – so if there’s anything you want to add or clarify, you can
- You’ll be asked to leave the room while a decision is made
- You’ll be called back into the room and told the decision, although occasionally you may have to wait 3 to 5 days to get a decision letter in the post”
If you want to know more about the PIP tribunal, you may also visit local organizations like citizens advice or you could also look at some online resources for the same.
PIP Tribunal Tips
Whether your PIP tribunal is happening in person or over the phone, here are some things that you should do and you should avoid at the PIP tribunal.
- Be prepared to answer questions about all the ways in which your condition affects you, not just the reasons you’re appealing.
- Don’t avoid talking about something that the condition does to you because you are embarrassed to talk about it affects you; it is really important the panel gets a true picture of your condition and need for the benefits.
- Make sure you don’t try to use any legalese unnecessarily, use your own words and don’t try excessively to use medical language.
- Ask the judge or doctor to repeat questions if you don’t understand them
- Talk about any help you have needed on the day, for instance in helping you to dress, driving you to the hearing or reading signs for you.
- Don’t feel like you need to dress extra smartly or put extra effort just because it’s a tribunal hearing, make sure they see you as you would normally look.
- Honestly and confidently correct anything that isn’t right, for instance, if the judge says ‘you have no difficulty walking 50 meters, do you?’, make it clear if they’re wrong.
- Make sure you’ve said everything you want to say and don’t be afraid to speak up if you feel there’s something else important to say.
- Don’t exaggerate because that can undermine your credibility if it is proven wrong at a later point
In this brief guide, we looked at instances of a PIP letter after tribunal win, as well as some other information about PIP tribunals and other PIP procedures.
PIP tribunal is usually the last chance people have to get the DWP to reverse their decisions about the PIP claim and therefore they are very important.
In most cases, PIP tribunals may rule in favor of the claimant, but there are still some cases where that may not happen, which makes it very important that the person be as prepared as they possibly can.
If you have any questions about a PIP letter after a Tribunal win, please feel free to reach out to us at any time.
Frequently Asked Questions (FAQs): PIP Letter after tribunal Win
How long does Pip take after tribunal?
PIP may take about 4 to 8 weeks after tribunal as the DWP will need to process it accordingly, and the established amount of money will be received about every 4 weeks after the system has started.
Can the DWP overturn a tribunal decision?
No, the DW cannot overturn a tribunal decision, because the tribunal hearing is done by an independent court that is above the DWP, and therefore if the court has ordered that the PIP claim is valid and just, the DWP needs to go through with it.
Additionally, it may happen that the Department for Work and Pensions (DWP) may revise a decision at any time if someone has appealed against that decision and that appeal has not yet been heard by an independent tribunal, which may happen in the case where the DWP decision makers realize that the decision is wrong or they get new information or evidence showing it is wrong.
How do you win a PIP tribunal?
To win a PIP tribunal, you need to answer the questions properly and make sure that your condition is understood by the tribunal.
Here are some tips to approach the PIP tribunal in the best way so you can win:
- Take your time to answer the questions.
- Ask the judge or doctor to repeat any questions you don’t understand honestly.
- Be open and honest when giving your answers
- You may also bring your own notes and examples to remember things you think you might forget.
- Don’t use specific medical or PIP related language.