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10 years 5 months ago - 10 years 5 months ago #127313 by Weby
Tribunal was created by Weby
HI
I have recently read an article that says DWP are disagreeing with the PIP tribunal decisions and therefore freezing payment. I won mine yesterday and now I read that article.
does anyone know if this is the case?
And does anyone know how long it will be before I know if I am paid or they are going to disagree the decision. No one from the DWP were there when I had my tribunal, it just seems with this new PIP system that all they are doing is trying to get people to throw the towel in and give up.
Thanks
I have recently read an article that says DWP are disagreeing with the PIP tribunal decisions and therefore freezing payment. I won mine yesterday and now I read that article.
does anyone know if this is the case?
And does anyone know how long it will be before I know if I am paid or they are going to disagree the decision. No one from the DWP were there when I had my tribunal, it just seems with this new PIP system that all they are doing is trying to get people to throw the towel in and give up.
Thanks
Last edit: 10 years 5 months ago by bro58.
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- bro58
10 years 5 months ago #127329 by bro58
Hi W,
Yes, we are aware that The DWP have been sending Presenting Officers to a percentage of PIP Appeals.
Mainly because PIP is a new "Benefit" therefore there is currently little if any case law to refer to.
It may help to speed up an update on your PIP file to reflect the Tribunal decision, if you send a copy of The Tribunal Decision Notice to The DWP PIP Office :
Sending Documents to the DWP or ATOS
The DWP are not appealing all Tribunal PIP Decisions, so it will depend on the individual merits of your case, and whether The DWP can show that The Tribunal have "erred in law" in coming to the decision.
The rules are exactly the same for The DWP as they are for The Appellant.
If the DWP intend to appeal to The UTT, they will have one month from the date of the Tribunal Decision Notice to request a written Statement of Reasons. ( S of R)
If they do, you will receive notice and a copy of The S of R also.
The DWP would then have another month from the date of The S of R to request leave to appeal to The UTT.
As previously stated, an : Error of Law would have to be apparent.
Therefore, if you hear nothing regarding The S of R within the next month or so, it will be probable that the DWP do not intend to appeal to The UTT.
You could contact PIP, and ask them whether they have received The Decision Notice, and whether it is their intention to appeal.
bro58
Replied by bro58 on topic Tribunal
Weby wrote: HI
I have recently read an article that says DWP are disagreeing with the PIP tribunal decisions and therefore freezing payment. I won mine yesterday and now I read that article.
does anyone know if this is the case?
And does anyone know how long it will be before I know if I am paid or they are going to disagree the decision. No one from the DWP were there when I had my tribunal, it just seems with this new PIP system that all they are doing is trying to get people to throw the towel in and give up.
Thanks
Hi W,
Yes, we are aware that The DWP have been sending Presenting Officers to a percentage of PIP Appeals.
Mainly because PIP is a new "Benefit" therefore there is currently little if any case law to refer to.
It may help to speed up an update on your PIP file to reflect the Tribunal decision, if you send a copy of The Tribunal Decision Notice to The DWP PIP Office :
Sending Documents to the DWP or ATOS
The DWP are not appealing all Tribunal PIP Decisions, so it will depend on the individual merits of your case, and whether The DWP can show that The Tribunal have "erred in law" in coming to the decision.
The rules are exactly the same for The DWP as they are for The Appellant.
If the DWP intend to appeal to The UTT, they will have one month from the date of the Tribunal Decision Notice to request a written Statement of Reasons. ( S of R)
If they do, you will receive notice and a copy of The S of R also.
The DWP would then have another month from the date of The S of R to request leave to appeal to The UTT.
As previously stated, an : Error of Law would have to be apparent.
Therefore, if you hear nothing regarding The S of R within the next month or so, it will be probable that the DWP do not intend to appeal to The UTT.
You could contact PIP, and ask them whether they have received The Decision Notice, and whether it is their intention to appeal.
bro58
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