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PIP appeal against my successful tribunal result
- Wardy
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6 years 9 months ago #193709 by Wardy
PIP appeal against my successful tribunal result was created by Wardy
PIP appealing against my successful tribunal outcome.
After almost 2 yrs stress I was over the moon having gone from 2 points as a result of the initial PIP medical to my tribunal outcome awarding me an enhanced daily living component. (deafness but not able to sign.)
However my joy at this decision is very short lived. PIP are now wanting to go to an upper tribunal to overturn the outcome.
Is this normal, has anyone else gone through this process, if so what advice can you offer.
I really do not think I have the strength to fight PIP anymore.
Thanks for any advice.
Wardy.
After almost 2 yrs stress I was over the moon having gone from 2 points as a result of the initial PIP medical to my tribunal outcome awarding me an enhanced daily living component. (deafness but not able to sign.)
However my joy at this decision is very short lived. PIP are now wanting to go to an upper tribunal to overturn the outcome.
Is this normal, has anyone else gone through this process, if so what advice can you offer.
I really do not think I have the strength to fight PIP anymore.
Thanks for any advice.
Wardy.
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- Gordon
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6 years 9 months ago #193740 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal against my successful tribunal result
G
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
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It's unusual for the DWP to take an appeal result to the UTT.
There are a number of stages that they will have to go through.
To be clear, they cannot appeal because they disagree with the Decision, only because they believe that there was an Error in the making of the Decision.
What is an Error of Law?
The first stage is requesting a Statement of Reasons from the Judge of your hearing. If they cannot find an Error then they should process the Tribunal Result.
If they think that there is an Error then they contact the Judge of your hearing, they may agree that there is an Error or not. If they don't then I would expect the DWP to take the matter to a District Judge.
This Judge will look at the DWP's request. They will either agree that there could be an Error in which case it goes to a UTT judge for a hearing, or they will not agree in which case the DWP cannot take the matter further.
If it goes to the UTT then it could be an Oral hearing but more usually it isn't, again either they will agree or not, if they do find an Error then the most usual result is a re-hearing of the appeal with a direction to avoid the Error.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
It's unusual for the DWP to take an appeal result to the UTT.
There are a number of stages that they will have to go through.
To be clear, they cannot appeal because they disagree with the Decision, only because they believe that there was an Error in the making of the Decision.
What is an Error of Law?
The first stage is requesting a Statement of Reasons from the Judge of your hearing. If they cannot find an Error then they should process the Tribunal Result.
If they think that there is an Error then they contact the Judge of your hearing, they may agree that there is an Error or not. If they don't then I would expect the DWP to take the matter to a District Judge.
This Judge will look at the DWP's request. They will either agree that there could be an Error in which case it goes to a UTT judge for a hearing, or they will not agree in which case the DWP cannot take the matter further.
If it goes to the UTT then it could be an Oral hearing but more usually it isn't, again either they will agree or not, if they do find an Error then the most usual result is a re-hearing of the appeal with a direction to avoid the Error.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Wardy
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6 years 9 months ago #194135 by Wardy
Replied by Wardy on topic PIP appeal against my successful tribunal result
Hello Gordon.
Thank you so very much for this information, it makes things a lot clearer for me to understand the process.
Obviously I am hoping there has not been an error and the tribunal result stands.
The tribunal from where I were sitting was very slow, professional and meticulous. I was actually pleasantly surprised at the depth of questions and the humanness of how they were asked. You could tell the tribunal members were independent of the PIP process and carefully considered each side of the issue at every stage.
Your last sentence suggests that if there was an error then I will have to attend another hearing regards that particular issue. Is that correct or am mis reading.
Thanks once again for any insight.
Wardy
Thank you so very much for this information, it makes things a lot clearer for me to understand the process.
Obviously I am hoping there has not been an error and the tribunal result stands.
The tribunal from where I were sitting was very slow, professional and meticulous. I was actually pleasantly surprised at the depth of questions and the humanness of how they were asked. You could tell the tribunal members were independent of the PIP process and carefully considered each side of the issue at every stage.
Your last sentence suggests that if there was an error then I will have to attend another hearing regards that particular issue. Is that correct or am mis reading.
Thanks once again for any insight.
Wardy
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- Gordon
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6 years 9 months ago #194157 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal against my successful tribunal result
Wardy
UTT appeals are usually done on the papers submitted by the claimant and the DWP, but they can be an Oral appeal, but even if this happens you are not required to attend.
Gordon
UTT appeals are usually done on the papers submitted by the claimant and the DWP, but they can be an Oral appeal, but even if this happens you are not required to attend.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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