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DWP appealing against Tribunal Decision for PiP
- Julian Chubb
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5 years 10 months ago #213283 by Julian Chubb
DWP appealing against Tribunal Decision for PiP was created by Julian Chubb
Hi I recently won my appeal at tribunal and was awarded Enhanced on both care and mobility. I had previously had enhanced rate till a review in March last year when the DWP decided to remove my mobility and downgrade me to standard rate care.
I have today received a letter stating that the DWP are applying to the tribunal for a statement of reasons for the decision as they intend to apply for permission to appeal the decision. I have read in the accompanying guidance leaflet that they can only appeal on a point of law. Is this likely or is it another delaying tactic?
I have today received a letter stating that the DWP are applying to the tribunal for a statement of reasons for the decision as they intend to apply for permission to appeal the decision. I have read in the accompanying guidance leaflet that they can only appeal on a point of law. Is this likely or is it another delaying tactic?
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- Gordon
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5 years 10 months ago #213303 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP appealing against Tribunal Decision for PiP
J
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?
Yes, they can only take this further if they can show that there has been an Error of Law.
No, it's not a delaying tactic.
The next stage is for the DWP to request a Statement of Reasons from the Judge in charge of your hearing, this can take anywhere from a few weeks to a couple of months, you will receive a copy.
It may be, once the DWP receive the SoR that they will not pursue the matter and will put your increased award into payment, if they do then I'm afraid it could take the best part of a year before the matter is resolved, the most likely outcome will be a new First Tier hearing.
Your existing award will stay in payment throughout the process.
What is an Error of Law?
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?
Yes, they can only take this further if they can show that there has been an Error of Law.
No, it's not a delaying tactic.
The next stage is for the DWP to request a Statement of Reasons from the Judge in charge of your hearing, this can take anywhere from a few weeks to a couple of months, you will receive a copy.
It may be, once the DWP receive the SoR that they will not pursue the matter and will put your increased award into payment, if they do then I'm afraid it could take the best part of a year before the matter is resolved, the most likely outcome will be a new First Tier hearing.
Your existing award will stay in payment throughout the process.
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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