- Posts: 1
× Members
dwp appealing judges decision
- Major1976
- Topic Author
- Offline
Less More
7 years 6 months ago #170269 by Major1976
dwp appealing judges decision was created by Major1976
Hi I went to the first tier tribunral on the 10th June. The judge granted me pip back paid from Dec 2015. DWP asked for statement of reasons which arrived the last week in August. DWP have appealed decision on 16th Sept. I am assuming it will drag on forever as it has so far. Is there anyway I can recieve any payments now as I am struggling?
I can't find any info on what happens when the dwp appeal a decision. I also rang them for a copy of their appeal but they said I couldn't have one! Thanks
I can't find any info on what happens when the dwp appeal a decision. I also rang them for a copy of their appeal but they said I couldn't have one! Thanks
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51046
7 years 6 months ago #170343 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dwp appealing judges decision
Major
Welcome to the forum.
I'm afraid you won't receive any payments while the DWP are pursuing this matter.
The Tribunal Service will copy you in all the stages of the process and you can make your own comments about what is going on. The next one is for the DWP to send their reasons for the appeal to the Judge of your hearing. The Judge can either agree and Set Aside the Decision or refuse permission for the appeal.
If they Set Aside the Decision then a new hearing will be convened to hear your claim again.
If they refuse then then the DWP can appeal directly to the UTT. A Senior Judge will look at their case to see whether they merit a UTT hearing. If they do not then that is the end of the matter and the DWP cannot take it any further must implement the original Tribunal Decision.
If they do think they will have merit then a full hearing of their case will be held, there are three possible outcomes although the last would be unusual. They can agree there has been an Error of Law and order a new First Tier Tribunal is held. They can decide no Error has occurred and that the original FTT Decision stands. Lastly they can make a new Decision on the claim.
I'm afraid this process can take many months and there is nothing you can do to expedite it.
You can make a new claim, but doing so will create a new Decision which will limit your Tribunal Decision even if it is upheld.
Have you looked at claiming ESA?
Gordon
Welcome to the forum.
I'm afraid you won't receive any payments while the DWP are pursuing this matter.
The Tribunal Service will copy you in all the stages of the process and you can make your own comments about what is going on. The next one is for the DWP to send their reasons for the appeal to the Judge of your hearing. The Judge can either agree and Set Aside the Decision or refuse permission for the appeal.
If they Set Aside the Decision then a new hearing will be convened to hear your claim again.
If they refuse then then the DWP can appeal directly to the UTT. A Senior Judge will look at their case to see whether they merit a UTT hearing. If they do not then that is the end of the matter and the DWP cannot take it any further must implement the original Tribunal Decision.
If they do think they will have merit then a full hearing of their case will be held, there are three possible outcomes although the last would be unusual. They can agree there has been an Error of Law and order a new First Tier Tribunal is held. They can decide no Error has occurred and that the original FTT Decision stands. Lastly they can make a new Decision on the claim.
I'm afraid this process can take many months and there is nothing you can do to expedite it.
You can make a new claim, but doing so will create a new Decision which will limit your Tribunal Decision even if it is upheld.
Have you looked at claiming ESA?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris