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Esa appeal and pip appeal
- Star2610
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7 years 1 week ago #187115 by Star2610
Esa appeal and pip appeal was created by Star2610
Hi ya wondering if a yone can help me.
My husband was in support group up until July 2016 where they moved him to the work support group following at medical. We appealed this decision and went to court in march the judge and the Dr was horrendous and postponed the case for medical records and pip records. We have higher mobility pip and standard carers.
We went back to court on the 4th April and after an hour we won the case for 18 months.
I have just had a letter through the door to say no back payment will be made as they are applying for a statement of need and may appeal.
Is this a normal process I am totally confused and is causing my husband alot of stress as we thought it would be over for the time being.
Thanks
My husband was in support group up until July 2016 where they moved him to the work support group following at medical. We appealed this decision and went to court in march the judge and the Dr was horrendous and postponed the case for medical records and pip records. We have higher mobility pip and standard carers.
We went back to court on the 4th April and after an hour we won the case for 18 months.
I have just had a letter through the door to say no back payment will be made as they are applying for a statement of need and may appeal.
Is this a normal process I am totally confused and is causing my husband alot of stress as we thought it would be over for the time being.
Thanks
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- Gordon
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7 years 1 week ago #187152 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa appeal and pip appeal
Star
I have moved your post to it's own topic, we ask member's not to post their questions in other people's topics as it can lead to the wrong advice being given or taken.
I am afraid the DWP are within their rights (as you are) to look at an appeal to the Upper Tier Tribunal.
They cannot appeal because they disagree with the Decision, only because they believe that there was an Error of Law in it's making. Even then the UTT may disagree.
What is an Error of Law?
The first stage to the process is for the DWP to request a Statement of Reasons from the Judge of your hearing, this can take a while to be produced and you will receive a copy when it is produced.
I'm afraid until the matter is resolved one way or the other, the DWP do not have to implement the Tribunal's Decision.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
I have moved your post to it's own topic, we ask member's not to post their questions in other people's topics as it can lead to the wrong advice being given or taken.
I am afraid the DWP are within their rights (as you are) to look at an appeal to the Upper Tier Tribunal.
They cannot appeal because they disagree with the Decision, only because they believe that there was an Error of Law in it's making. Even then the UTT may disagree.
What is an Error of Law?
The first stage to the process is for the DWP to request a Statement of Reasons from the Judge of your hearing, this can take a while to be produced and you will receive a copy when it is produced.
I'm afraid until the matter is resolved one way or the other, the DWP do not have to implement the Tribunal's Decision.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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