PIP F2F. Can I give additional wrtten information?

Hussajahe

Congratulations on the win. Well done.

It usually takes the DWP 5-8 weeks to process a Tribunal award, I would give the DWP a call to make sure that they have received the Decision Notice.

Gordon

tags: @RESULT @PIP @APPEAL

Hussajahe wrote: Hi
DWP have sent a letter to me stating that they have requested a statement of reasons from HMCTS as they wish to consider applying for permission to appeal against the decision. My daughter won her PIP appeal on 1st September.
Is this a standard letter that everyone gets, or are they serious about appealing the decision?

I'm afraid it's not standard.

They cannot appeal further because they disagree with the Decision, only if they can show that the there was an Error of Law in it's making. The first stage to this process is for them to request a SoR from the Judge in charge of her hearing, I'm afraid this may take several months to be produced.

Just because they have requested a SoR does not mean that there was an Error, it may well be that there was not one made in which case they should action the appeal decision but if they think that there is then it could be some considerable time before the matter is resolved.

Gordon

Hussajahe wrote: Hi

I have just received a copy of SOR requested by DWP. They are challenging the tribunals decision.
Can you tell me what happens next? Will there be a dicision soon?

Thank you

Sorry to hear this. I'm afraid the UTT process is not quick.

So the next stage is for the DWP to ask the Judge of your hearing to look at the Error of Law that they believe has happened.

If the Judge agrees with them in which case it will usually go straight to a UTT hearing,

If they don't then the DWP can apply directly to the UTT, a District Judge will look at their reasons and if they agree that there is the possibility of an Error then it will go to a UTT hearing. If they disagree then that is it, the DWP cannot take it further and must implement the original Tribunal Decision.

At a UTT hearing a senior judge will look at the documents used at the hearing, the SoR and the Record of Proceedings to decide whether an error has occurred. If they agree that there has then the most likely result is a new FTT hearing although they do have authority to apply their own Decision.

If they don't agree then that's it and the DWP have to apply the Tribunal Decision.

At each stage you will be able to provide your own comments on the Error, remember this is not about the Decision itself but how it was arrived at.

Gordon