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Statement of reasons delays (PIP)
- carl30
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8 years 10 months ago #136159 by carl30
Statement of reasons delays (PIP) was created by carl30
So far its been just over 4 weeks since i requested my statement of reasons. Given that sending out a statement of reasons involves typing out the logic behind their decision, print and then post, 4 weeks seems an awful long time.
Im curious what happens when they receive a statement of reasons request.
What happens if when trying to justify their decision, they realise there decision is flawed? Can they review the decision or just post the statement of reasons and wait for my request to appeal?
Of those 4 weeks, i assume the judge has probably had my request for at least 3 weeks. I couldn't imagine it takes more than an hour or two to type, print and post. This isn't filling me with confidence that they will be speedy in the next phase, responding to my request for upper tribunal.
Im curious what happens when they receive a statement of reasons request.
What happens if when trying to justify their decision, they realise there decision is flawed? Can they review the decision or just post the statement of reasons and wait for my request to appeal?
Of those 4 weeks, i assume the judge has probably had my request for at least 3 weeks. I couldn't imagine it takes more than an hour or two to type, print and post. This isn't filling me with confidence that they will be speedy in the next phase, responding to my request for upper tribunal.
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- Gordon
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8 years 10 months ago #136167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Statement of reasons delays (PIP)
Carl
I am afraid that I think that you are being far to optimistic with regard to the timescales for an appeal to the Upper Tribunal, I would be surprised if you see a Statement of Reasons in much under three months and it could be the best part of a year before a new FTT hearing is heard , assuming that you manage to win through each of the intermediary stages.
The Judge will have continued to have taken notes after you left the room and while he and the other members of the panel discussed the Decision on your claim, the Statement of Reasons would be based on these.
Whilst it is not impossible that a Judge may of their own volition Set Aside the Decision because they realise that there has been an Error of Law I don't remember this happening to anyone on the forum. We have seen a few Decisions Set Aside when the claimant has written to the FTT, but the vast majority of challenges haveto go through the whole process.
Gordon
I am afraid that I think that you are being far to optimistic with regard to the timescales for an appeal to the Upper Tribunal, I would be surprised if you see a Statement of Reasons in much under three months and it could be the best part of a year before a new FTT hearing is heard , assuming that you manage to win through each of the intermediary stages.
The Judge will have continued to have taken notes after you left the room and while he and the other members of the panel discussed the Decision on your claim, the Statement of Reasons would be based on these.
Whilst it is not impossible that a Judge may of their own volition Set Aside the Decision because they realise that there has been an Error of Law I don't remember this happening to anyone on the forum. We have seen a few Decisions Set Aside when the claimant has written to the FTT, but the vast majority of challenges haveto go through the whole process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- carl30
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8 years 10 months ago #136194 by carl30
Replied by carl30 on topic Statement of reasons delays (PIP)
time to forget about PIP for a while then and turn my focus to ESA.
My main reason for optimism is that i found a upper tribunal case that was heard a few weeks before my tribunal. It was published on the day of my tribunal. My logic was that given it was published on the same day, there is a possibility the tribunal were unaware of it.
I briefly mentioned it in my request for statement of reasons.
My main reason for optimism is that i found a upper tribunal case that was heard a few weeks before my tribunal. It was published on the day of my tribunal. My logic was that given it was published on the same day, there is a possibility the tribunal were unaware of it.
I briefly mentioned it in my request for statement of reasons.
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- 3004
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6 years 4 months ago #201677 by 3004
Replied by 3004 on topic Statement of reasons delays (PIP)
went to my pip tribunal on 04 may 2017 i was not happy with the decision so i asked for statement of reason so i can go to 2nd tier appeal its now november 2017 i am living in middlesbrough and i am still waiting to received statement of reason my award ends 30 august 2018 dos anyone know how long i will be waiting to receive my statement of reason so i can appeal the first decision
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- Gordon
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6 years 4 months ago #201699 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Statement of reasons delays (PIP)
Christine
You've replied to a post from over two years ago!!!
I would have expected you to have received your SoR some time ago, you need to chase the Tribunal Service as to what has happened.
Gordon
You've replied to a post from over two years ago!!!
I would have expected you to have received your SoR some time ago, you need to chase the Tribunal Service as to what has happened.
Gordon
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- 3004
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6 years 4 months ago #201727 by 3004
Replied by 3004 on topic Statement of reasons delays (PIP)
Thankyou for your reply.I Took your advice and i have just phoned the tribunal service and explained to the lady on the phone what has happened.My Tribunal Appeal for PIP was held on 04 may 2017 I was awarded mobility at the standard rate I was not awarded either rate of the daily living component. The lady who was representant me said we will appeal and she will ask for the statement of reason i waited and did not anything so i phone her she said she will chase it up so i waited for another 6 weeks and phone her she said she will chase it up so i waited till now I have just phone the Tribunal service and was told no one has ask for anything from them and i was advised to write to the Judge myself and explain why i am asking for a statement of reason this late. I do know it is a lot to ask you for but if you have time could you help me to write this letter to the judge has i have no idea how to write a letter like this i would be very grateful for any help you could give me thankyou for your time
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