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DWP QUERYING TRIBUNALS DECISION!
- c00kered
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13 years 6 days ago #55096 by c00kered
Replied by c00kered on topic Re:DWP QUERYING TRIBUNALS DECISION!
Hi Janice
I am so angry and upset after reading your latest posting.
I was expecting a reply saying they could not do this so to read the exact opposite ( that they can overturn the tribunal's decision ) is truly shocking.
To fight so hard and go through so much stress only to win your appeal and then find out that you may still not receive what you are entitled to is inhumane to say the least.
I am hoping that gordon is right and it will cause a delay to your benefit rather than anything else.
I will be thinking of you and I am sure plenty of others will be too.
I wish you all the best, with lots of love and support from Pauline.
I am so angry and upset after reading your latest posting.
I was expecting a reply saying they could not do this so to read the exact opposite ( that they can overturn the tribunal's decision ) is truly shocking.
To fight so hard and go through so much stress only to win your appeal and then find out that you may still not receive what you are entitled to is inhumane to say the least.
I am hoping that gordon is right and it will cause a delay to your benefit rather than anything else.
I will be thinking of you and I am sure plenty of others will be too.
I wish you all the best, with lots of love and support from Pauline.
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- Gordon
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13 years 6 days ago #55102 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DWP QUERYING TRIBUNALS DECISION!
The DWP has to operate under exactly the same rules as a claimant when applying for an appeal to the Upper Tribunal.
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 is of no matter if the Tribunal does.
Even if they do think there is an error, they are only able to seek leave to appeal, this can still be turned down.
And even if the 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.
Gordon
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 is of no matter if the Tribunal does.
Even if they do think there is an error, they are only able to seek leave to appeal, this can still be turned down.
And even if the 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.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JANICE
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13 years 4 days ago #55389 by JANICE
Replied by JANICE on topic Re:DWP QUERYING TRIBUNALS DECISION!
Thank you for your kind words and Support. I was just so shocked,all I can do is hope they do the right thing. I am not normally a wimp usually quite a fighter but sometimes it just gets you down. Luckily I have a lovely hubby who makes me laugh with his terrible jokes when I start getting turning into Mrs Doom and Gloom! I will just hang in there and think lots of positive thoughts!Take care of yourself. Janice
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