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Decision Overturned .
- adam-ant
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12 years 5 months ago #92164 by adam-ant
Decision Overturned . was created by adam-ant
Could you help with this one .. I was awarded DLA mobility(HR) until May this year. In January whilst appealing the length of the award, the 1st tier Tribunal withdrew the mobility award completely. This decision was overturned by the Upper Tribunal and is being sent back to the lower tribunal. Meanwhile in May, I made a new claim, the decision has been “stayed” at my request until my appeal is resolved. The appeal has been going on for two and a half years.
My query .. As the decision to withdraw my mobility has been overturned would I now revert back to my original position e.g. would I be able to request that the DWP make the payments of arrears for the mobility component from January (when it was stopped) to May (the renewal date of my new claim) ?
My query .. As the decision to withdraw my mobility has been overturned would I now revert back to my original position e.g. would I be able to request that the DWP make the payments of arrears for the mobility component from January (when it was stopped) to May (the renewal date of my new claim) ?
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- Gordon
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12 years 5 months ago #92166 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Decision Overturned .
adam-ant wrote:
You need to contact the DWP, they are usually quote good at handling Lower Tribunal Decisions, but I am not confident of their ability to deal with an Upper Tribunal one, you may need to send a copy of the Decision Notice to them and possibly ask to speak to a senior member of staff.
Gordon
If the Decision was overturned, then your mobility award should be returned to payment.Could you help with this one .. I was awarded DLA mobility(HR) until May this year. In January whilst appealing the length of the award, the 1st tier Tribunal withdrew the mobility award completely. This decision was overturned by the Upper Tribunal and is being sent back to the lower tribunal. Meanwhile in May, I made a new claim, the decision has been “stayed” at my request until my appeal is resolved. The appeal has been going on for two and a half years.
My query .. As the decision to withdraw my mobility has been overturned would I now revert back to my original position e.g. would I be able to request that the DWP make the payments of arrears for the mobility component from January (when it was stopped) to May (the renewal date of my new claim) ?
You need to contact the DWP, they are usually quote good at handling Lower Tribunal Decisions, but I am not confident of their ability to deal with an Upper Tribunal one, you may need to send a copy of the Decision Notice to them and possibly ask to speak to a senior member of staff.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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