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Successful tribunal result appealed against by DWP

  • Jane Rea
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13 years 10 months ago #43780 by Jane Rea
Has anyone had the same experience as me - having had my DLA stopped completely after a visiting doctor's report I appealed, all using this v useful site, and the tribunal result was very successful - unanimous, indefinite and for more than asked for. They went by my consultant's and GP's reports rather than the visiting doctor's. There was a rep. from the DWP there, so I was surprised to get a letter a month later saying they would be seeing if they could appeal against this result, and I have heard nothing since (has now beeen a year in all, 3 months since tribunal) except that they cannot say when I will hear if I have to attend another tribunal, or how much notice they will give me. I didn't know they could do this, but they say apparently it's now quite common. With successful appeals only i have no doubt! Anyone know anything more about this?

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13 years 10 months ago #43786 by cdcdi1911
Hi Lavinia

Well done for winning your appeal.

Following an appeal both parties have right of appeal to the Upper Tribunal. It's not often that the DWP appeals or considers appealing; I can't say whether it's happening more often.

If they do appeal you won't necessary have to attend another tribunal, only if the Upper Tribunal allows the appeal but remits it to a fresh tribunal, which we hope will not happen.

Like the appellant, in order to appeal they have to apply for a statement of reasons, which can take two to three months. A copy should be sent to both parties. Have you received your copy yet?

Derek

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  • Jane Rea
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13 years 10 months ago #43956 by Jane Rea
Thanks Derek, I really appreciate you answering - no, I haven't had the reasons yet, they say that they are still waiting for them. So patience seems to be the thing. It's 3 months since the tribunal, so maybe not too long now. Just rather a nerve-racking business, thought it would be over with the tribunal. Hope you are OK.

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