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PIP appeal won but DWP can now appeal ?

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8 years 8 months ago #166729 by Helen
I have just won a PIP appeal on behalf of an individual with a communication disability . We have gained enhanced rate and mobility component which is great having been denied any award from first assessment . However he has now received a letter one week on from DWP saying they have 30 days to appeal the decision and take it to the next level ( higher tribunal ) . While I understand that they have the right to do this could anyone tell me if this is usually the case and just a formality or if there is a real chance they will do this and the fight continues. No payment will be made until they decide either not to appeal or after the high court appeal , Very frustrating .

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8 years 8 months ago #166741 by Gordon
Replied by Gordon on topic PIP appeal won but DWP can now appeal ?

Helen wrote: I have just won a PIP appeal on behalf of an individual with a communication disability . We have gained enhanced rate and mobility component which is great having been denied any award from first assessment . However he has now received a letter one week on from DWP saying they have 30 days to appeal the decision and take it to the next level ( higher tribunal ) . While I understand that they have the right to do this could anyone tell me if this is usually the case and just a formality or if there is a real chance they will do this and the fight continues. No payment will be made until they decide either not to appeal or after the high court appeal , Very frustrating .


I think that there has been a change in policy at the DWP and they are actively pushing the point that they can appeal the Decision.

It almost always takes the DWP 5-8 weeks to process a Tribunal Decision which includes the time that they have to request a Statement of Reasons, the first stage to challenging the Decision, so the letter is just confirming that it will be a while before you receive your money.

If the TS write to you saying that the DWP have requested a SoR from the Judge then this is another matter and it will take longer before the matter is resolved.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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