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- gill
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7 years 2 months ago #177945 by gill
pips was created by gill
hi there i wonder if anyone can help me with some advise please, i had my apeal heard on the 17.11.2016 and my appeal was upheld and i was awarded the enhanced rate care and standard mobility, before xmas pip told me they had not recieved a letter from the court, i managed to get them on the phone today and they told me they did get it on the 18th november and they are challenging the decision. I have had no letter informing me can anyone tell me how long they are allowed to challenge the decision please i am at my wits end at the thought of going through this all again
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- Gordon
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7 years 2 months ago #177954 by Gordon
I am sorry to hear that the DWP have decide to do this.
The first stage is for the DWP to request a Statement of Reasons from the judge of your hearing, they have one month from the date of the hearing to do this.
Once a request is received the TS will notify you of this. Some Judges produce the SoR very quickly, others can take months, you will receive a copy when it is available.
Once the DWP receive the Sor they then have a further month to request an appeal. An appeal can only be made on the basis of an Error Of Law in the making of the Decision, not because they disagree with the result, it is perfectly possible when they receive the SoR that there will bo no discernible Error and they will not pursue the matter further, if they do then it could easily take another six months to resolve.
I'm afraid until the DWP give up the challenge or permission to continue is refused they are not required to action the Tribunal Decision.
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pips
gill wrote: hi there i wonder if anyone can help me with some advise please, i had my apeal heard on the 17.11.2016 and my appeal was upheld and i was awarded the enhanced rate care and standard mobility, before xmas pip told me they had not recieved a letter from the court, i managed to get them on the phone today and they told me they did get it on the 18th november and they are challenging the decision. I have had no letter informing me can anyone tell me how long they are allowed to challenge the decision please i am at my wits end at the thought of going through this all again
I am sorry to hear that the DWP have decide to do this.
The first stage is for the DWP to request a Statement of Reasons from the judge of your hearing, they have one month from the date of the hearing to do this.
Once a request is received the TS will notify you of this. Some Judges produce the SoR very quickly, others can take months, you will receive a copy when it is available.
Once the DWP receive the Sor they then have a further month to request an appeal. An appeal can only be made on the basis of an Error Of Law in the making of the Decision, not because they disagree with the result, it is perfectly possible when they receive the SoR that there will bo no discernible Error and they will not pursue the matter further, if they do then it could easily take another six months to resolve.
I'm afraid until the DWP give up the challenge or permission to continue is refused they are not required to action the Tribunal Decision.
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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