Pip

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  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    kass and wildlife, I've answered your queries in other posts you made, hope that's ok!
    maur64, if you have had someone from Citizens Advice working with you then you need to work with them again on the Upper Tribunal appeal. They need to start off by looking at why the DWP were given leave to appeal, which should only really be because of an error of law (actually getting the law wrong, weighing facts in an inconsistent way, taking things into account more than is reasonable, or not taking things into account!). 

    Your CAB adviser can get help from other sources, for example, their Expert Advice team. My main piece of advice would be not to do this on your own - get the CAB to support you. First tier tribunal is difficult enough but I would never suggest going to Upper Tribunal without a benefits specialist. 

    Your adviser/rep will need to quote other case law to support your side of the argument. Without knowing how the DWP got leave to appeal I can't really help further but don't give up. Unfortunately it does seem that the DWP are appealing against more first tier tribunal decisions but that doesn't mean they are right! The Upper Tribunal will consider all the evidence and decide whether the First Tier was right. It does cause a very long delay for you though and so I would suggest telling your MP about this - highlight that more and more people are successful at PIP appeals and now the DWP are starting to appeal further, which just causes vulnerable people more distress and hardship.

    Unfortunately we can't do case work within the forum, you really do need someone who can see all your documents. I'd start with the CAB and take it from there.

    Will
  • maur64
    maur64 Online Community Member Posts: 15 Listener
  • maur64
    maur64 Online Community Member Posts: 15 Listener
    This is what I received from my mp yesterday 
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi maur64

    As my colleague Will says it is rather difficult for us to advise on this without working on the case directly. And I agree that it may be worth returning to your local Citizens Advice for further help. Even if your local adviser does not have experience of representing in the Upper Tribunal s/he should be able to get help from elsewhere within Citizens Advice.

    Best wishes
    David

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