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- slugsta
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8 years 9 months ago #149114 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Still waiting
That's great news Ruby DWP can only appeal a tribunal decision on the grounds of an 'Error in Law', the same as the claimant. This does not happen often but I understand that you will be anxious until you know for sure.
I will not flag this as a 'success' until you have told us that everything has gone smoothly, just to be on the safe side
I will not flag this as a 'success' until you have told us that everything has gone smoothly, just to be on the safe side
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- NickG
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8 years 9 months ago #149153 by NickG
Replied by NickG on topic Still waiting
Ruby
Well done. My wife had the same result in November (nothing to enhanced for both). And the DWP DID decide to look at an appeal. But do not worry!
The tribunal have to give a statement of reasons and then the DWP have to ask permission to appeal because there is an error of law which I believe must be very rare.
So we have just found out that the DWP have abandoned any appeal and my wife will get her benefit. Delayed things another 2 months but all over with now.
My belief (and this really is just my personal opinion) is that the DWP wanted the statement of reasons so they could have an internal investigation into what went wrong. They had NO intention of appealing.
Anyway hopefully this won't happen to you but, if it does, don't worry too much. We knew the tribunal were professional (and lovely) and it was almost impossible that they had made a legal mistake and we were proved right.
Well done. My wife had the same result in November (nothing to enhanced for both). And the DWP DID decide to look at an appeal. But do not worry!
The tribunal have to give a statement of reasons and then the DWP have to ask permission to appeal because there is an error of law which I believe must be very rare.
So we have just found out that the DWP have abandoned any appeal and my wife will get her benefit. Delayed things another 2 months but all over with now.
My belief (and this really is just my personal opinion) is that the DWP wanted the statement of reasons so they could have an internal investigation into what went wrong. They had NO intention of appealing.
Anyway hopefully this won't happen to you but, if it does, don't worry too much. We knew the tribunal were professional (and lovely) and it was almost impossible that they had made a legal mistake and we were proved right.
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- mickymick
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8 years 9 months ago #149251 by mickymick
Replied by mickymick on topic Still waiting
I have decided after my mandatory reconsideration has come back still entitling me to no points to go to Appeal. I am very worried that I will not cope with a face to face appeal because it will make me feel very confused and uneasy. Does anyone know if the paper appeal is looked at and taken into account everything like the face to face appeal is please. I'm really sorry I haven't put this very well I just want every possible chance to be understood in the best way but in the least stressful way to myself
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- mickymick
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8 years 9 months ago #149252 by mickymick
Replied by mickymick on topic Still waiting
please can you tell me how harrowing the face to face tribunal is please as I have been given no points and I know it's very incorrect but the PIP people have now made me feel that they don't believe me, I feel absolutely offended and very upset about this, I am trying to decide wether to go to a face to face or a paper tribunal. Well done to you I am genuinely very pleased for you, it's like a living hell isnt it
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- Jenayb
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8 years 9 months ago #149257 by Jenayb
Replied by Jenayb on topic Still waiting
Many thanks Mrs Hurtyback, I will keep you updated.
Lovely, thank you so much NickG this has put my mind at ease, I guess I will just remain hopeful that it will be sorted soon.
Lovely, thank you so much NickG this has put my mind at ease, I guess I will just remain hopeful that it will be sorted soon.
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- shelam
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8 years 9 months ago #149272 by shelam
Replied by shelam on topic Still waiting
Hi Mickymick
I believe that if at all possible you should go to appeal in person. Very few 'paper appeals' are successful.
You can take someone with you for support, for example a relative who understands your health issues and your worries about the appeal situation. I realise it will be very traumatic for you, but if you gather together all the supportive information you can, from GP and any Consultants, hopefully the written information you present will ease any strain. If your condition is mental health related this will be taken into account and (hopefully) ensure that any questioning will not be too unpleasant for you.
I'm sorry you have to go through this; I wish you good luck.
I believe that if at all possible you should go to appeal in person. Very few 'paper appeals' are successful.
You can take someone with you for support, for example a relative who understands your health issues and your worries about the appeal situation. I realise it will be very traumatic for you, but if you gather together all the supportive information you can, from GP and any Consultants, hopefully the written information you present will ease any strain. If your condition is mental health related this will be taken into account and (hopefully) ensure that any questioning will not be too unpleasant for you.
I'm sorry you have to go through this; I wish you good luck.
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