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PIP appeal
- Lipbalmaddict
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7 years 10 months ago #174171 by Lipbalmaddict
PIP appeal was created by Lipbalmaddict
I just wanted to say how grateful I am to the advice on this wonderful website and forum. If I'd have known about it from the start of my PIP application it would have marginally less stressful because after all Atos and the DWP still make it as awful as possible.
I'd already asked for mandatory reconsideration of a reassessment decision which was refused. I heard via a lady I met on a disability forum, of the guides here and promptly subscribed. I lodged my appeal following the model submissions in the members guides about the vital evidence overlooked by both the HP and DM. This was submitted mid October.
Today, to my amazement, I received a letter from the DWP to say that they had looked at my case again and changed the award back to what it was last time, that my appeal was over and the back payments would be in my bank account by Monday. I never imagined that they would change their minds at this stage and had been having sleepless night since June about the thought of a tribunal hearing. It's purely down to the advice received here in formulating my appeal submissions that led to this outcome. Now I know where to come from now on.
Thank you!
I'd already asked for mandatory reconsideration of a reassessment decision which was refused. I heard via a lady I met on a disability forum, of the guides here and promptly subscribed. I lodged my appeal following the model submissions in the members guides about the vital evidence overlooked by both the HP and DM. This was submitted mid October.
Today, to my amazement, I received a letter from the DWP to say that they had looked at my case again and changed the award back to what it was last time, that my appeal was over and the back payments would be in my bank account by Monday. I never imagined that they would change their minds at this stage and had been having sleepless night since June about the thought of a tribunal hearing. It's purely down to the advice received here in formulating my appeal submissions that led to this outcome. Now I know where to come from now on.
Thank you!
The following user(s) said Thank You: ivyfox
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- Gordon
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7 years 10 months ago #174227 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal
AP
Very pleased for you, well done for making the DWP see sense
Gordon
Very pleased for you, well done for making the DWP see sense
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dell7419
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7 years 6 months ago #185966 by dell7419
Replied by dell7419 on topic PIP appeal
hi I won my appeal for my mobility got letter last week .rang pip up asking when I will be able yo get another car ,she said we still have 3 weeks to appeal you could have nocked me down .surely if it as been to courts they wont appeal will they .this is killing me please can someone confirm if they do please.dell
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- bro58
7 years 6 months ago - 7 years 6 months ago #186024 by bro58
Hi d,
I am afraid that as with the Appellant (you) The DWP also have 28 days to request a written Statement of Reasons (SoR) from The First Tier Tribunal (FTT) to see whether they have grounds to appeal the decision to The Upper Tier Tribunal (UTT) (They seldom do this)
As with the Appellant, they cannot simply appeal to The UTT because they disagree with the decision, they have to show that The FTT have "Erred in Law" in coming to the decision.
Requesting The S of R is the first step in seeking permission to appeal an FTT decision to The UTT, and if DWP do request The S of R, you will know, as you will also receive a copy.
It is normal for DWP to take 6-8 weeks to action an FTT decision.
You could give it until the 6 week mark, then re-contact DWP PIP for an update.
bro58
Replied by bro58 on topic PIP appeal
dell7419 wrote: hi I won my appeal for my mobility got letter last week .rang pip up asking when I will be able yo get another car ,she said we still have 3 weeks to appeal you could have nocked me down .surely if it as been to courts they wont appeal will they .this is killing me please can someone confirm if they do please.dell
Hi d,
I am afraid that as with the Appellant (you) The DWP also have 28 days to request a written Statement of Reasons (SoR) from The First Tier Tribunal (FTT) to see whether they have grounds to appeal the decision to The Upper Tier Tribunal (UTT) (They seldom do this)
As with the Appellant, they cannot simply appeal to The UTT because they disagree with the decision, they have to show that The FTT have "Erred in Law" in coming to the decision.
Requesting The S of R is the first step in seeking permission to appeal an FTT decision to The UTT, and if DWP do request The S of R, you will know, as you will also receive a copy.
It is normal for DWP to take 6-8 weeks to action an FTT decision.
You could give it until the 6 week mark, then re-contact DWP PIP for an update.
bro58
Last edit: 7 years 6 months ago by bro58.
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