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DWP appealing against the tribunals' decision
- Quizzical
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4 years 3 months ago #254956 by Quizzical
DWP appealing against the tribunals' decision was created by Quizzical
Hi.
How often or the likelihood of DWP appealing a tribunal hearing.
I had my telephone appeal the other day. They were pleasant enough but I don't think I put things over properly (despite lots of notes and many months of going over everything just to try and prepare me) but I've seen/heard that they can/and do go for upper tier hearings. And we know how they try so hard not to pay people, hang it out and give people as much stress as possible.
I, like many others, hoped I could relax a bit after my hearing but I am now stressing about that instead.
Thank you.
How often or the likelihood of DWP appealing a tribunal hearing.
I had my telephone appeal the other day. They were pleasant enough but I don't think I put things over properly (despite lots of notes and many months of going over everything just to try and prepare me) but I've seen/heard that they can/and do go for upper tier hearings. And we know how they try so hard not to pay people, hang it out and give people as much stress as possible.
I, like many others, hoped I could relax a bit after my hearing but I am now stressing about that instead.
Thank you.
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- BIS
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4 years 3 months ago #254961 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP appealing against the tribunals' decision
Hi Quizzical
I have moved your post because we ask people not to pose their own question on someone else's post. It becomes confusing and that was a very old post.
The DWP don't often appeal a tribunal hearing and they can only do it, if they can prove that the Tribunal panel made an 'error in law' when coming to their judgement. It is exactly the same for the claimant, you can only appeal a tribunal decision and to to the Upper Tier if you can show the panel erred in law. I don't think you should stress and make yourself ill over this. 85% of tribunals are won by the claimants. I'm not saying you will win because there are no guarantees and obviously 15% don't, but don't make yourself ill waiting for the judgement.
BIS
BIS
I have moved your post because we ask people not to pose their own question on someone else's post. It becomes confusing and that was a very old post.
The DWP don't often appeal a tribunal hearing and they can only do it, if they can prove that the Tribunal panel made an 'error in law' when coming to their judgement. It is exactly the same for the claimant, you can only appeal a tribunal decision and to to the Upper Tier if you can show the panel erred in law. I don't think you should stress and make yourself ill over this. 85% of tribunals are won by the claimants. I'm not saying you will win because there are no guarantees and obviously 15% don't, but don't make yourself ill waiting for the judgement.
BIS
BIS
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- Quizzical
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4 years 3 months ago #254985 by Quizzical
Replied by Quizzical on topic DWP appealing against the tribunals' decision
Thank you Bis
I understand that it has to be on a point of law but I just think the DWP will try and look for, and try to find a point of law so they can appeal.
I've seen somewhere that they appeal then dont come up with the papers that they're suppose to produce, thus making it drag out even more.
Also, do the DWP get a copy of the telephone tribunal hearing (or a manuscript) so they can scrutinise what was said/asked too.
All this is enough to send you loopy
I understand that it has to be on a point of law but I just think the DWP will try and look for, and try to find a point of law so they can appeal.
I've seen somewhere that they appeal then dont come up with the papers that they're suppose to produce, thus making it drag out even more.
Also, do the DWP get a copy of the telephone tribunal hearing (or a manuscript) so they can scrutinise what was said/asked too.
All this is enough to send you loopy
The following user(s) said Thank You: Nicol
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- BIS
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4 years 3 months ago #254992 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic DWP appealing against the tribunals' decision
Hi Quizzical
Claimants win 85% of cases at PIP Appeal - the DWP do not waste time appealing the majority of these judgements. You're just going to make yourself ill thinking about what might happen. I can't say it won't happen to you - but it's not common particularly as the Tribunals service has complained about some of the ridiculous arguments the DWP have used for refusing PIP in the first place. If you want to know the figures you would need to put in a Freedom of Information Request and ask.
The DWP will receive a summary of the judgement. I don't know about a copy of the telephone transcript of the tribunal hearing. You should ask the Tribunals service.
Claimants win 85% of cases at PIP Appeal - the DWP do not waste time appealing the majority of these judgements. You're just going to make yourself ill thinking about what might happen. I can't say it won't happen to you - but it's not common particularly as the Tribunals service has complained about some of the ridiculous arguments the DWP have used for refusing PIP in the first place. If you want to know the figures you would need to put in a Freedom of Information Request and ask.
The DWP will receive a summary of the judgement. I don't know about a copy of the telephone transcript of the tribunal hearing. You should ask the Tribunals service.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nicol
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- Quizzical
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4 years 3 months ago #255000 by Quizzical
Replied by Quizzical on topic DWP appealing against the tribunals' decision
Ok Bis, thank you for you help.
I'll let you know how I got on.
Fingers cross It'll all go ok with my Appeal.
I'll let you know how I got on.
Fingers cross It'll all go ok with my Appeal.
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4 years 3 months ago #255003 by BIS
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Replied by BIS on topic DWP appealing against the tribunals' decision
Hi Quizzical
I hope it goes well too.
BIS
I hope it goes well too.
BIS
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