In this brief guide, we will look at what happens once you have won a PIP tribunal and how long for back pay to get to you. We will also look at other related problems and questions about the PIP tribunal, especially the PIP tribunal over the phone in 2020.
Won PIP Tribunal: How long for back pay?
When you have won your PIP tribunal, the next question is obviously how long for the back pay, given that you entered the process because you were in need, and the answer is about 4-6 weeks, because that is how long it typically takes for the DWP to process the claim and tribunal decision and send out the payment.
Once someone has won the tribunal hearing they may 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 does not work with the DWP, and since it is technically part of the court system, you can think of it as being far more unbiased.
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.
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.
Eligibility for Tribunal Hearing
To know if you are eligible to appeal for a PIP tribunal hearing, you need to check the following boxes:
First of all, if you disagree with a decision that the DWP has made about the about benefits you are eligible to get, any tax credits or child maintenance that you have been able to claim, you can ask for the decision to be looked at again, which will be done by the DWP itself, and this is called ‘mandatory reconsideration’.
After you have gone through the mandatory reconsideration if you are still not happy with the result, here are the points that need to be in place for you to ask for a PIP tribunal:
- If you think that the office dealing with your claim has made an mistake or missed important evidence pertaining to your case that you think can make a difference.
- If you disagree with the reasons behind the decision related to PIP
- You simply want to have the decision looked at again
You need to also keep in mind that no matter what you feel about the final call of the DWP, there are some decisions that cannot be reconsidered whereas others might go straight to an appeal.
In most cases, you will know where you stand because the original decision letter you received will say if the possibility of a PIP tribunal appeal applies to you.
You also need to remember that you need to ask for mandatory reconsideration within one month of the date of the decision.
You also need to be as mentally prepared as you can for the fact that it can sometimes take a long time to get to a tribunal hearing which may often depend on where you live.
Most people also report that the process can be quite draining but many also say that it may be worth remembering that more than half of people who appeal their PIP decision win at a tribunal.
PIP Tribunal Over Phone in 2020
Because of the ongoing lockdown, a lot of the procedures in government have changed, and there are no other measures in place for things like PIP tribunals as well, and you will be glad to know that it is entirely possible to have a PIP tribunal over the phone in 2020.
Because of the ongoing lockdownin 2020, many things like PIP tribunals are happening over the phone or over video conference, and in case you are having something like this too, you will be informed well in advance, and there are no particular guidelines either way; what you would follow in case of an in person tribunal hearing is what you need to do even in case of the PIP tribunal over phone.
Any PIP tribunal hearing that happens over phone or video is sometimes called ‘remote hearing’, and you need to prepare for a remote hearing like a face to face hearing.
In most cases, if the PIP tribunal hearing is over the phone, the court will call you but in case you have to call the court, don’t worry about that either, because the call will be free.
If you are having a video call or conference for your PIP tribunal hearing and you are doing it on your mobile phone you need to try to use Wi-Fi if you can because if you are using your phone’s data instead, it might be expensive.
Another thing to remember is that the court or tribunal will call you before the hearing to check you have a good phone line or internet connection or not, and to give you the necessary information about how to join the hearing which you can also check on the government webpage of how to join remote hearings on GOV.UK.
How to Prepare for a PIP Tribunal over the phone?
Here are the tips to prepare for the PIP tribunal over the phone:
- If you have to change the time or date for any reason you need to phone straight away , and remember, you can only do it if you have a good reason, like a hospital appointment.
- You need to also read through all the information the tribunal service sends you so you know what to expect
- You need to go through your claim documents and make sure that you send any new evidence to the tribunal so that you don’t turn up with lots of new evidence on the day of the PIP tribunal.
- You can also arrange for a family member or friend to be with you for moral support, if you feel it would help
- If you need a sign language interpreter or other resources pertinent to your condition, you need to also make provisions beforehand rather than wait for the day of the PIP tribunal.
- You need to also check what expenses you can claim and how to claim them and this information can be found with the tribunal service.
You can also get information about what to expect and what the PIP tribunal hearing might be Like over the phone.
Dos and Don’ts of PIP Tribunal Hearing
Here are some does and don’t of the PIP tribunal hearing:
Do’s:
- Feel free to ask the judge or doctor to repeat any questions you don’t understand.
- Inform them of any help you have received on the day, for instance in helping you to dress, driving you to the hearing or reading signs for you.
- Instantly 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 don’t try to use any legalese unnecessarily, use your own words and don’t try excessively to use medical language.
- Be prepared to answer questions about all the ways in which your condition affects you, not just the reasons you’re appealing.
- 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’ts
- Don’t be dishonest about how your condition affects you in any way, not even little ways you think it doesn’t matter.
- Don’t exaggerate because that can undermine your credibility
- Don’t be embarrassed to talk about how your condition affects you because it is really important the panel gets a true picture of your condition and need for the benefits.
- Don’t feel the 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.
Conclusion
In this brief guide, we looked at what happens once you have won a PIP tribunal and how long for back pay to get to you. We also looked at other related problems and questions about the PIP tribunal, especially the PIP tribunal over the phone in 2020.
PIP tribunal is an effective way to question the PIP methods in place when you have felt that you were unjustly treated or when you want to get the department to take a closer look at your case.
One does not need to go to the Tribunal right away, so many are sure that you have exhausted other options before you do, because you also need to have the right evidence that justifies going to the tribunal.
Tribunal hearings can seem daunting and worrying, it is after your livelihood and your disability, after all, but the process is built to work in your favor, and as such they will do what they can to help you if you really need help.
If you have any questions or comments about what happens once you have won PIP tribunal and how long it’ll be for back pay or other questions about PIP tribunal hearings, please feel free to reach out to us at any time.
Frequently Asked Questions (FAQs): Won PIP Tribunal How long for Back Pay
How long does PIP payment take after tribunal?
The PIP payment may take about 4 to 8 weeks after tribunal, because the information and claim needs to be processed still, and once it has been processed completely, you may receive the established amount of money every 4 weeks.
How long after winning the ESA appeal do I get payment?
It may take about 5-8 week to get the payment after you win your ESA appeal, and in some cases it can also depend on your fit to work statement.
Can DWP overturn the PIP tribunal decision?
No, the Department for Work and Pensions (DWP) cannot overturn the PIP tribunal decision, they can only revisit or revise the benefits that were given or were in the process of being given while the process is still going on, or after the first appeal against that decision which has not been assessed by an independent tribunal.
The DWP can revise their decision after the mandatory reconsideration stage, but not after an independent tribunal has heard your case.
How long does it take to get your first PIP payment?
To get your first PIP payment can sometimes take a long time, even up to 4 months, depending on how complicated your case is and if there have been any reviews.
Personal Independence Payment (PIP) can be faster if you are terminally ill, however, but in cases where the person just has a lifetime disability of some type, the claim might take some time to be processed.
Citations
https://www.gov.uk/mandatory-reconsideration