DWP appealing the appeal

Hi

My wife was originally awarded 6 points for her PIP assessment. We appealed and the tribunal changed it to enhanced for both sections.

We've just had a letter informing us that the DWP have asked for a statement of reasons and this means they may be considering appealing to the upper tribunal.

Is this common? Do we need to worry about it?

Irritating that she STILL won't be paid 13 months after first claiming.

Hi,

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I wouldn't say that it is common practice.

However, this is only the first step in the process, and once DWP receive The S of R you will also receive a copy, in fact you will receive copy of all and anything that DWP do.

Once they have the S of R they then have a further month from the date of that to seek leave to appeal to The UTT.

There is no guarantee that just because they have requested The S of R, that this will lead to them being allowed to appeal to The UTT.

They will have to show that it is likely that an Error of Law? has taken place in the TS's decision making process.

If The DWP are eventually granted leave to appeal, you may be able to gain Legal Aid to oppose their appeal.

Unfortunately, as you have already gathered, this will delay payment of any arrears of back payment owed until the issue is resolved.

All that you can do at present is see how thing unfold and react accordingly.

bro58

I thought people might appreciate a follow-up.

The DWP requested a statement of reasons because they might want to appeal the tribunal's findings.

After 2 months the tribunal sent the SoR. It arrived on the Monday and on the Friday the DWP rang to say they would NOT be appealing and they would pay the back-benefit within a week. Another 2 month delay for no good reason.

After 15 months and so much stress, my wife finally has what she needs to live something closer to a normal life. She lost her wheelchair in a fire in November and we can now look to replace it.

She has gone from an assessment of nothing to one of higher for both parts of PIP. And for an indefinite period as she has a lifelong degenerative illness.

So please do not give up. Listen to what people say on places like this forum. Do not fall into the trap of thinking that the DWP or ATOS are at all on your side because they clearly have an agenda to reduce payments where possible. But stay calm and state your case as clearly as possible and it can happen.