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TOPIC: PIP appeal won,DWP consider Appealing the result ?

PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204057

I am new here to the forum so please bear with me , I posted something similar somewhere last night , takes me a while to find my way around .
I live in the S E Wales region , I was previously entitled to Low rates both components of DLA ,
I had an assessment in May 2017 for PIP , ,Capita being the outsourced company for this in the region , I did not attract enough points for either Daily Living or Mobility .(6 for DL 4 for Mob)
The assessment was conducted in haste by the male nurse , every time I tried to question something I was halted and told "there is a lot to get through and time was limited and he would discuss things at the end , this did not happen he was far to focused on getting out of the building as I was his last appointment of the day at the end of the working week it was Friday , He had left the building whilst I was using the toilet and told my companion he couldn't wait to get home for a few G & Ts , the report was completed on the following Wednesday for DWP , ( I have a copy ) , I have been through MR etc where the subsequent Decision Makers have just re arranged the phrases from the previous DMs ., (I gave reference to this at my hearing ) I attended my Tribunal hearing last week , 3rd Jan , , Judge, Dr and an Independent Disability adviser as part of the Panel and lo and behold DWP had sent their Representative to argue the case , , she was by no means one of the nicest people that I have ever met to the point of arrogance, I was asked several questions from the Panel I had no intention to let the presence of the DWP Rep intimidate me and I was accompanied , at the end the panel asked her for her comments and she was quite clearly not in favour of me appealing by her terse remarks , I did sum up and state my case, I was awarded further points to the 6 for Daily Living and 4 for Mobility the meagre ones I had scored after assessment and was given a further 2 for Daily Living
and 4 for Mobility thus qualifying the 8 in each components and awarded Standard Rates for both Daily Living and Mobility for a period of 5 years . I thanked the panel and bid them good morning as the DWP rep glanced at me in semi anger pose. As we left the room we heard this odious woman say , I'll stay back I need to ask you something " . I gave the stare back to her as we walked away and then she added not about this case ?
Yesterday 8/1/18 I received a letter to from DWP , ;- "I am writing to tell you we've applied to HMCTS for Statement of Reasons for the decision made on 3/1/18 as we wish to consider applying for permission to appeal against the decision they won't be paying the benefit awarded by the First-Tier Tribunal at the present time" . The second paragraph appears to contradict (typical DWP) "We normally have one month to consider applying for permission to appeal .The period of one month starts from when the First-tier Tribunals statement of reasons has been issued . The decision notice being given to me at the hearing and I assume it must have to the DWP rep and as it states on the Decision Notice issued Appellant ( myself) and Respondent the Secretary of State ( DWP Rep). Correct me if I am wrong please ,but surely the actual F t T Decision Notice does give the full statement of reasons for the award to be made as issued to myself as the appellant and the respondent (DWP) on the day so DWP was in receipt of such reasons to award benefit entitlement .I found the letter from DWP to be intimidating / threatening to a person, who like myself suffers Mental Health conditions along with several other medical problems. I have won cases in the past for E S A . When I attend hearings I give solid cogent evidence at each hearing , I know DWP can challenge decisions . I' m confused this time though and wonder what steps I need next take please ? and if anyone has further information on what to do it will be most appreciated . I have good friends , professional people in their own employments status who help me with all my dealings with DWP /Atos and now Capita many thanks , Apols for it being a bit detailed and long

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PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204067

Argee

The Decision Notice details the Decision and the legal basis on which it was, in other words what Descriptors the panel believe you met.

The Statement of Reasons (SoR) is produced by the Judge in charge of your hearing on request from either the claimant or the DWP and explains how the Decision was reached based on the evidence available and your testimony on the day. It is usually accompanied by a Record of Proceedings which is based on the notes taken by the Judge on the day.

The SoR can take anywhere between a couple of weeks to be produced to as long as three months, the DWP then have one calendar month to make an appeal to the Upper Tier Tribunal, you will receive a copy of the documents at the same time as the DWP.

An appeal to the UTT can only be made on the basis of there having been an Error of Law in the making of your award, to be clear the DWP cannot appeal just because they disagree with the Decision.

What is an Error of Law?

I'm afraid the DWP can withhold payment of your award until they either decide not to pursue the matter or their request is refused.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204069

Thank you Gordon . I have a letter to go to HMCTS requesting the further detail as I have called it I did not know of the real name S 0 R to use but will alter it to that . I am aware they can withhold payment etc , I guess I shall have to contact the constituency MP that I reside in for him to look at the case ? .

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PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204071

Argee wrote: I guess I shall have to contact the constituency MP that I reside in for him to look at the case ? .


Be aware this is a legal process and your MP cannot interfere in it.

Gordon
The following user(s) said Thank You: Argee

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204102

I'll hold back contacting him ( the MP) then Gordon , I have posted my letter to HMCTS , I have always found them to be fair and impartial , in my tribunals .My guess being , this person (myself) with disabilities stood up and spoke out and the DWP representative at the hearing did not like it , she was clearly miffed at the result on the day , I don't think there is likely to be an "error in law " during proceeding of the tribunal . As my companion and I was leaving the room the DWP Representative spoke to the panel saying " she wanted to speak to them " as I glanced at her she added " not about this case" , I have mentioned that in my correspondence to HMCTS requesting a copy of S 0 R , I will update , again many thanks Gordon .
The following user(s) said Thank You: Gordon

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PIP appeal won,DWP consider Appealing the result ? 4 months 2 weeks ago #204129

I would love to know the outcome of all this, would you please come back and update us? And good luck, don't let the barstewards get you down.

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