Congratulations, you’ve been hearing and won a PIP tribunal. How long for back pay you have to wait, however?
Continue reading and find more about back payments and challenging a tribunal’s decision.
If you won PIP tribunal
If you won your appeal, congratulations are in order. We know how long and worrying this process can be.
You don’t have to do anything next except waiting for the payments to arrive in your bank account.
It can take up to four or six weeks before the DWP pays you back what you should have received from the date of the claim – this is called a back pay.
How long do you have to wait for back pay?
It often takes DWP 6-8 weeks to respond to the decision and get payments started.
Back payments usually arrive separately from the regular payments.
Sometimes sending a copy of your appeal decision letter to the DWP can speed up the process.
Can the DWP disagree with the tribunal’s decision?
It is rare, but possibly for the DWP to disagree with the tribunal’s decision.
The Department for Work and Pensions has one month from the date of the decision to request the statement of reasons.
If they do request it they will contact you. Requesting a Statement of Reason does not mean that they will appeal to the Upper Tribunal.
In order to appeal, they have to show that there has been an error of law or procedure.
This means they cannot dispute the outcome based on the evidence, just because they may think someone does not qualify for a benefit no matter if the Tribunal does.
Even if they do think there is an error, they are only able to seek to leave to appeal, this can still be turned down.
And even if they are allowed to appeal, it does not mean they will win, as often the direction of the Upper Tribunal will be to re-hear the Lower Tribunal again.
Further appeal to the Upper Tribunal
Anyone who wants to further appeal to the Upper Tribunal has to show that there has been an error of law or procedure.
Examples of errors in law
The following are considered examples of errors in law, according to Scope (equality for disabled people):
- The tribunal failed to follow legislation including case law.
- There is no evidence to support its decision.
- The tribunal gave an unfavorable decision after a physical examination.
- The facts are inconsistent with the decision.
- The decision failed to take account of certain issues or took account of the wrong ones.
- It did not give enough evidence.
- It did not provide adequate reasons for its decisions.
- There is a breach of the rules of natural justice.
Examples of breaches of natural justice
You can appeal to the Upper Tribunal if there were one or more of following breaches of natural justice:
- Any DWP representative is in the room with the panel when you are not.
- You are not allowed to call witnesses.
- The tribunal refuses to postpone or to adjourn when you told them you could not attend and you had a good reason.
- You do not have the interpreter you requested.
- The tribunal tries to exert pressure on you to drop issues in the appeal. For example, it offers to award a component if you agree to drop another component
- You did not receive a notice of the hearing, and it is not your fault.
- You asked for an oral hearing, but this did not happen.
- You did not receive the Secretary of State’s appeal response in enough time before the hearing for you to read it properly.
- The panel made a decision at a paper hearing that is less favorable than the one you appealed against, without giving you warning that they intended to do this.
Many claimants are not aware that the DWP has the right to appeal to the Upper tribunal, too.
Considering the above mentioned reasons, the DWP can ask for permission from the First-tier Tribunal and appeal its decision, just like the claimant can.
The Upper Tribunal does not reopen the claimant’s case, and there cannot be included any new evidence of any kind.
If there were any errors made during the First-tier Tribunal appeal, these errors are going to be analyzed and revised.
Meanwhile, the decision made at the appeal can be set aside. is that made at the First-tier Tribunal is analyzed.
What are the Upper Tribunal outcomes?
When speaking about the outcomes, we suppose that the Upper Tribunal accepted the appeal on grounds that possible there were mistakes made at the First-Tier tribunal.
If this is the case, the Upper Tribunal Judge can change the initial decision in favor of the claimant.
Sometimes the Judge can send the case back to a new First-tier Tribunal if they consider there is not enough evidence and information to make a decision.
If the Upper Tribunal rejects the appeal, there is nothing else that can be done.
Can I appeal to the Upper Tribunal?
If you won your PIP tribunal appeal, you will soon get your payment and the back pay.
But what happens if you don’t win the appeal?
First, we have to mention that a claimant cannot appeal to the Upper Tribunal because they are upset about the Judge’s decision and feel like they lost.
The Upper tribunal is not a mandatory step in the appealing process.
Appealing to the Upper tribunal is not entirely up to the claimant.
Like we mentioned before, there are certain conditions that have to be satisfied for a Judge to accept the appeal, such as there were made errors in the law or breaches of natural justice.
Supposing that the claimant’s case is accepted, it might be up to a year before they get a new decision, that it is not guaranteed in their favor.
There are a few alternatives for appealing to the Upper Tribunal, including:
1. If the claimant’s condition has worsened in time, or there is new relevant and important evidence, a new claim can be made.
2. The claimant can always ask for another reconsideration of his/her entitlement to the PIP award.
In many cases, the Upper Tribunal sends the case back to the First-tier Tribunal, which makes the appeal a more complex process.
There is support available for those who are not sure whether to appeal, and anyone should feel free to get advice before making this decision.
Appealing to the Upper Tribunal – the first steps
- You have to respect the time limit, meaning you can challenge the decision within one calendar month after receiving the notice.
- You should ask the tribunal to send you something called a statement of reasons – a written explanation of how the panel made its decision. This is the document that you have to carefully analyze and find – if there was – an error in law. You cannot go to the Upper Tribunal without this.
- If you have found a reason for appealing, you have to ask permission to appeal to the Upper Tribunal. When you are granted this permission, you can consider your appeal started.
Anyone can withdraw their decision at any time, however in some cases you may need permission to do that.
The Upper Tribunal will not take into consideration any new evidence, even if your illness has worsened.
The Upper Tribunal’s purpose it only to check if the First-tier Tribunal has made a mistake or not.
In this article, we found that it can take the DWP up to 6-8 weeks to respond to the decision of a PIP tribunal, in order to get the award payments started.
Back payments usually arrive separately from the regular payments around the same time.
If it’s been more than 8 weeks you can contact the DWP and ask them for any updates.
Many people worry that the DWP can disagree with the First-tier Tribunal’s decision and appeal to the Upper Tribunal.
Both the appellant and the DWP have the right to take the case to the Upper Tribunal, but they have to show that there has been an error of law or procedure.
This happens rarely, and if it is the case, the DWP will let you know as soon as possible.
If you want to share your case with us, feel free to let us and other users know what your experience with the PIP tribunal has been.
Also, if you have any questions, leave them in the comments section below.
FAQ about winning a PIP tribunal and how long for back pay
How long does PIP payment take after the tribunal?
After the tribunal, it takes 4 to 8 weeks for the PIP payment to come through.
YOu will receive the established amount of money every 4 weeks.
Does PIP get backdated after the tribunal?
Yes, PIP gets backdated after the tribunal.
You will receive back pay that dates from the day that you submitted your first claim for the PIP award.
Can DWP change their mind before tribunal?
Yes the DWP can, and sometimes do change their mind when they see new evidence before it gets to the tribunal.
Is disability back pay paid in a lump sum?
Disability payments and back pay are usually paid as one lump sum.
All SSDI retroactive payments and backpay are paid as one lump sum. Sometimes larger amounts of backpay can be split into three payments, six months apart.
How many PIP appeals are successful?
Overall, 70% of social security appeals, including PIP appeals, are successful.
The Tribunals Service statistics show that claimants are winning ESA and PIP appeals at the highest rate ever recorded.
Can DWP challenge tribunal decision?
The DWP can sometimes appeal against a tribunal decision.
However, appeals against a Lower Tribunal decision are rare, and requesting a Statement of Reason does not mean that they will appeal.
- Represent Yourself in Court: How to Prepare & Try a Winning Case
- Personal Independence Payment: What You Need to Know
- How to Remain Calm In the Midst of Chaos
- Nolo’s Guide to Social Security Disability: Getting & Keeping Your Benefits
- Caregiving Diary: Daily and Hourly 245 Page Planner
- Challenging a PIP decision: the tribunal hearing
- Further appeal to the Upper Tribunal – Scope