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Tribunal Award;Can DWP reject decision?
- Helen
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14 years 5 months ago #24433 by Helen
Tribunal Award;Can DWP reject decision? was created by Helen
Hi, My son has just been made Tribunal award of HRM & LRC; he received the letter from the tribunal confirming this last week (10 days after the actual Tribunal).
Does any one know if the DWP can appeal/reject the Tribunals decision?
I have read of a very few cases where this has happened, basically I am worried that they will decide to this with my son & prolong his agony even longer.
I wont be happy until he has a letter from the DWP to confirm,but we all know how long they can take to inform !!!
Does any one know if the DWP can appeal/reject the Tribunals decision?
I have read of a very few cases where this has happened, basically I am worried that they will decide to this with my son & prolong his agony even longer.
I wont be happy until he has a letter from the DWP to confirm,but we all know how long they can take to inform !!!
- Crazydiamond
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14 years 5 months ago #24439 by Crazydiamond
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Crazydiamond on topic Re:Tribunal Award;Can DWP reject decision?
Helen wrote:
The DWP have the same rights as a claimant/appellant to appeal to the Upper Tribunal on a point or points of law, but these cases are relatively rare as unlike a claimant/appellant it costs the DWP to make such a referral, so they must be sure they have a reasonable chance of success.
Hi, My son has just been made Tribunal award of HRM & LRC; he received the letter from the tribunal confirming this last week (10 days after the actual Tribunal).
Does any one know if the DWP can appeal/reject the Tribunals decision?
I have read of a very few cases where this has happened, basically I am worried that they will decide to this with my son & prolong his agony even longer.
I wont be happy until he has a letter from the DWP to confirm,but we all know how long they can take to inform !!!
The DWP have the same rights as a claimant/appellant to appeal to the Upper Tribunal on a point or points of law, but these cases are relatively rare as unlike a claimant/appellant it costs the DWP to make such a referral, so they must be sure they have a reasonable chance of success.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- linsky
14 years 5 months ago #24505 by linsky
Replied by linsky on topic Re:Tribunal Award;Can DWP reject decision?
I would expect that your son will be fine. In 2008 I attended an appeal tribunal whereby a representative from the DWP also attended to present their case. I had no one representing me. ( The DWP officer could see that I was in a bad way and seemed not to be pushing the Tribunal to go along with his viewpoint) In my opinion the Tribunal's mind was already made up that they were not going to allow my appeal.
However, I had a point of law to appeal with and eventually, after a long hard slog got the decision 'set aside' and a fresh Tribunal heard the case.
When I attended, this time I had a representative, but the DWP did not send anyone along to put their case. This is something that has always baffled me. I wondered if it was possible that the DWP rep whom attended the first appeal reported back to his superiours that mine was a genuine case. I will never know (perhaps CD may have an idea) but I won my case with HRC and LRM - exactly what my representative had asked for. It took the Tribunal just a few minutes to make their decision.
So, if the DWP were so set against you as they first were against me, I would have expected them to send someone along to represent their interests.
May I offer you my sincere best wishes on your success. Not forgetting the success of this site.
Linsky
However, I had a point of law to appeal with and eventually, after a long hard slog got the decision 'set aside' and a fresh Tribunal heard the case.
When I attended, this time I had a representative, but the DWP did not send anyone along to put their case. This is something that has always baffled me. I wondered if it was possible that the DWP rep whom attended the first appeal reported back to his superiours that mine was a genuine case. I will never know (perhaps CD may have an idea) but I won my case with HRC and LRM - exactly what my representative had asked for. It took the Tribunal just a few minutes to make their decision.
So, if the DWP were so set against you as they first were against me, I would have expected them to send someone along to represent their interests.
May I offer you my sincere best wishes on your success. Not forgetting the success of this site.
Linsky
- originaldave
14 years 4 months ago #24513 by originaldave
Replied by originaldave on topic Re:Tribunal Award;Can DWP reject decision?
linsky might seem like they only took a few mins but they would have read all the papers and asked advice on anything they wanted an answer to
- Helen
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14 years 4 months ago #24550 by Helen
Replied by Helen on topic Re:Tribunal Award;Can DWP reject decision?
Just me being paranoid about it I suppose! But having had to wait almost 1 year to get to this stage & having been "knocked down" before by the DWP when every other person involved i.e Consultants, Physio, Specialist Nurse etc are telling him he needs the DLA I just want to get it confirmed by them & until he gets that award letter I am uneasy!!
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