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First Tier Tribunal Appeal
- jorgehugo68
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5 years 8 months ago #215497 by jorgehugo68
First Tier Tribunal Appeal was created by jorgehugo68
My husband was successful in winning his appeal at the first tier tribunal recently , but we have now received a letter advising that the DWP are requesting Statement of Reasons for a permission to appeal against the decision made to award points when I had been refused any points at the assessment.
This process has taken nearly 1 year and to win the tribunal was a huge sigh of relief, but to now get this notification that they might appeal is quite upsetting.
I had representation at the tribunal with a DWP presenting officer in attendedance ( they also had an observer which they wanted to sit in but we refused ) .
Is this a normal process for the to request SoR ? what happens next - can the decision be overturned once again > or is it just stalling. I would of thought there was no further appeal as it is a judge that makes the decision afterall
Many thanks for any help
This process has taken nearly 1 year and to win the tribunal was a huge sigh of relief, but to now get this notification that they might appeal is quite upsetting.
I had representation at the tribunal with a DWP presenting officer in attendedance ( they also had an observer which they wanted to sit in but we refused ) .
Is this a normal process for the to request SoR ? what happens next - can the decision be overturned once again > or is it just stalling. I would of thought there was no further appeal as it is a judge that makes the decision afterall
Many thanks for any help
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5 years 8 months ago #215508 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First Tier Tribunal Appeal
Holly
Both your husband and the DWP have a further right of appeal to the Upper Tier Tribunal, the first stage of this process is for one of the parties to request a Statement of Reasons from the Judge of his hearing, your husband will automatically receive a copy.
Any further appeal cannot be made in regard to the Decision, only on the way that it was made, the DWP will be looking at whether there was an Error of Law in the making of the Decision. if they believe that there was then they will make a request for a hearing on those matters to be made.
What is an Error of Law?
They may not find an Error of Law and it may be that their request will be rejected or a hearing may decide that there is no Error, unfortunately, the Decision of the First Tier hearing cannot be implemented until the matter is resolved, which could be some time.
Gordon
Both your husband and the DWP have a further right of appeal to the Upper Tier Tribunal, the first stage of this process is for one of the parties to request a Statement of Reasons from the Judge of his hearing, your husband will automatically receive a copy.
Any further appeal cannot be made in regard to the Decision, only on the way that it was made, the DWP will be looking at whether there was an Error of Law in the making of the Decision. if they believe that there was then they will make a request for a hearing on those matters to be made.
What is an Error of Law?
They may not find an Error of Law and it may be that their request will be rejected or a hearing may decide that there is no Error, unfortunately, the Decision of the First Tier hearing cannot be implemented until the matter is resolved, which could be some time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #217937 by jorgehugo68
Replied by jorgehugo68 on topic First Tier Tribunal Appeal
Hi Gordon,
We received the SoR and the deadline date has passed as stated on the paperwork for the DWP to appeal (which we have heard nothing) - what happens now ?
Many thanks
We received the SoR and the deadline date has passed as stated on the paperwork for the DWP to appeal (which we have heard nothing) - what happens now ?
Many thanks
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5 years 7 months ago #217945 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic First Tier Tribunal Appeal
Holly
If the DWP has not sought permission to appeal further then they must implement the Tribunal Decision from your recent hearing so the next thing that I would expect would be a letter from them asking you about what has happened since the Decision appealed was made, for example; whether your husband has been in hospital or not?
When this is returned they should release back payments and start payments of the award.
Gordon
If the DWP has not sought permission to appeal further then they must implement the Tribunal Decision from your recent hearing so the next thing that I would expect would be a letter from them asking you about what has happened since the Decision appealed was made, for example; whether your husband has been in hospital or not?
When this is returned they should release back payments and start payments of the award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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