A bit under a month ago an appeal tribunal gave me back most but not all of the DLA which the DWP took away when they reviewed me. Since then I’ve heard nothing from anyone. If the DWP don’t appeal I’ll live with it. But if they do appeal I might ‘counter-appeal’ to get the rest of the lost DLA reinstated - if I have any grounds. My question is - I think I (or DWP) can ask for a Statement of Reasons (SOR) within a month of the decision and I’d like to do that in case they review me again – also to find out why exactly they didn’t give me everything I had before. But I’m afraid the DWP might spot an error of law when they get their copy and decide to appeal after all. Could they do that? If I ask for an SOR would I be opening myself up to that risk? Am I right in thinking that if neither DWP nor me ask for an SOR before the month is up – that is matter closed and no appeals by the DWP will be possible?
Yes, you're right. If either party requests a statement of reasons then that opens up the opportunity for either party to appeal to the upper tribunal. If neither party does so within the time limits then, unless there are good grounds for making a late request for a statement of reasons, no appeal will be possible.
So, there is an elemnt of risk in asking for that statement.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
