Won appeal but DWP say may be appealing tribunal decision — Scope | Disability forum
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Won appeal but DWP say may be appealing tribunal decision

Rosie2017
Rosie2017 Member Posts: 49 Courageous
Hi I am new to the group but would really appreciate any feedback on my current situation. I received my PIP form to fill in after previously being on DLA, in June last year. Completed and returned it and was sent for an assessment in August last year. I received only 4 points on care and nil on mobility. I applied for a mandatory consideration, no change. I then put in to appeal, which was accepted. I forwarded quite a few letters etc from doctors, psychotherapist and consultants. I was supported by a mental health advocate and the Citizens Advice Bureau. After many months of waiting I finally got my appeal date for 4 April this year. I found the whole procedure very distressing as I terrible anxiety. Having got through the Tribunal I was ecstatic to hear I had won ,I was awarded 6 points for care and 12 for mobility. I left the courts feeling like a weight had been taken off my shoulders .This great  feeling lasted until the 6 April, two days later I received a letter from the DWP to say they were appealing the Courts decision. I couldn't believe it, I felt it was so cruel to do this, and if an appeal was going to be considered they should have told me before I Ieft. To date I have received no more communication and it is a month tomorrow since I received the letter. I am now once again in limbo and feeling extremely anxious. Has anyone else had this experience or does anyone know the length of time I am liable to wait before hearing something. Sorry for the long explanation. Any advice would be greatly appreciated. 
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Comments

  • wildlife
    wildlife Member Posts: 1,293 Pioneering
    edited August 2017
    @Rosie2017, I'm so sorry to hear this sad story. I hope anyone reading this takes note as I have heard before that the DWP can appeal the court's decision. However you need to find out what is happening for the sake of your health this is an intolerable situation to be in. I suggest you contact the people who helped you at Tribunal especially the CAB to support you and help you to clarify what is going on unless you feel able to do it yourself. I would ring the tribunal service and see if they've heard anything from the DWP. The number will be on your correspondence about the Appeal you went to in April. If they haven't heard anything then they might be able to reassure you that no appeal is being made and advise you what to do. I would be careful about ringing DWP even though they sent you a letter as you might be causing an appeal rather than stopping it. I'll leave someone else advise you further as I've never been in this situation. Good Luck. I hope you get this sorted out soon... 
  • Rosie2017
    Rosie2017 Member Posts: 49 Courageous
    Thanks so much for taking the time to reply to me. The CAB do know about it but said it could take some time The DWP sent to the Tribunal for the ' Statement of Reasons' the same day I won the appeal, I also forgot to say they did attend my Tribunal. I may try and get my mental health advocate to ring the Tribunal, I don't think I could do this myself. I have no intention of contacting the DWP as the very thought of communicating with them makes me feel ill. It's the waiting again that is the worst, feels like it will never end. Any further information from anyone would be appreciated. Thanks.
  • wildlife
    wildlife Member Posts: 1,293 Pioneering
    @Rosie2017 So glad you've got people who will help. There will be some benefit advisors around tomorrow who will know more about this situation than I do. It would be interesting to know how often this happens and what DWP hope to achieve by doing this. It shouldn't be allowed to happen... 
  • Rosie2017
    Rosie2017 Member Posts: 49 Courageous
    I have heard from CAB that they are going to be sending more representatives from the DWP to appeals and there was also a trainee with the woman from the DWP so that does seem likely. If you do find out anything tomorrow I would be very grateful if  you could let me know. I will also keep you up to date if I do hear anything or find out anything else. Thanks again.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    @Rosie2017

    Sorry to hear that the DWP are appealing the tribunal's decision.  Even if they go ahead, they might not win.  

    Suggest that you re-post your questions and concerns in 'Ask a benefits advisor' category.
  • mssissippi1952
    mssissippi1952 Member Posts: 23 Listener
    That's terrible,what I don't understand after the appeal that's it you can't appeal again there's only the upper tribunal and that's for legal,matters.if you can't appeal DWP shouldn't be able to
  • wildlife
    wildlife Member Posts: 1,293 Pioneering
    This highlights what I've been trying to say. I did not give up trying to change the decision before going to Appeal and I got it changed. I know some people have been turned down on their 3rd attempt i.e.2nd MR but if you're successful DWP aren't going to Appeal because they're the people who changed it. I would say to make a complaint as early as you can about your assessment report if you're not happy with it. Tell DWP you've done that and write to them as many times as you need to with new evidence. 
  • Rosie2017
    Rosie2017 Member Posts: 49 Courageous
    Hi my mental health advocate rang the Tribunal today as suggested by 'wildlife' and at moment my Statement of Reasons is still at the Tribunal awaiting a judges signature. It will then be sent to the DWP who have a month from the date on the Statement of Reasons to decide if they want to appeal my winning my appeal. To appeal the DWP must find an error in law, and not dispute a finding of fact e.g. they can't appeal if, for instance if I said I couldn't wash my own hair and they think I can. I hope I am making sense here! If they do decide to appeal it has to be accepted before being sent to the Upper Tribunal. Whew,  that's as far as can find out at this time. So it's back to the waiting game and it will soon be a year since I first filled in the PIP claim form.
  • wildlife
    wildlife Member Posts: 1,293 Pioneering
    @Rosie2017, So pleased you have found out exactly where you stand. If DWP can only appeal a point of law it changes things completely. Provided the Tribunal panel made their decision within the law which, with a judge on the panel, is more likely than not you are safe. I'm wondering what the letter said that you got 2 days after the Tribunal that scared you so much. As there was no Appeal by DWP about to happen and if it said there was that's another thing that needs to change. To have felt the relief of winning at appeal only to be knocked back again there are no words to say how disgusting it is to be treated like that...
  • richarj1
    richarj1 Member Posts: 6 Listener
    Hi, in exactly same position. Do you have an update?
  • jackof
    jackof Member Posts: 2 Listener
    Does anyone know where I can look at a mock assessors report for pip so I will have some basic idea what to look for
  • Bellamoffat
    Bellamoffat Member Posts: 2 Listener
    My son going through the same it's been 5 weeks since it went to a judge and haven't heard anything yet
  • Barrylad1957
    Barrylad1957 Member Posts: 99 Courageous
    Sounds a bit like this is the DWP's latest attempt to 'raise the stakes' in the ongoing reports on the large percentage of appeals and reconsiderations that are currently ending up in the claimant's favour. Its not good propaganda for the Disability Unfriendly current 'government' to see so many of their psychopathic and draconian decisions overturned by the law of the land, maybe.
  • Evie12
    Evie12 Member Posts: 1 Listener
    Hi Im new on here but my husband is going through the exact same as Rosie2017 He went to tribunal 2 weeks ago only to recieve a letter Monday stating DWP will be asking courts for a statement of reasons and may appeal the decision. This past year has been so stressful for my husband and family and he has since been put on citalopram for anxiety, all the stress was causing him to have more seizures than usual as he suffers from 2 forms of epilepsy. I find it disgusting that someone can threaten appeal who never even bothered to turn up on the day. My Husband has a representative from the councils benefits maximization team and she said this happens a lot. I suffer anxiety myself and feel sick to the stomach with this whole process. It's truly terrible how these people are treating the disabled. I wish the best of luck to anyone going through the same at the moment and please keep us updated, as will I.
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    @Evie12

    DWP are threatening more and more often to appeal but as they can only appeal on an error of law rarely do they have grounds to do so. Therefore I wouldn't worry.
  • CockneyRebel
    CockneyRebel Member Posts: 5,212 Disability Gamechanger
    The DWP request a SOR from the judge more often now. This can take a long time to be produced, in some cases months but this is down to the judge.
    There is seldom an error of law which is the only way the DWP can appeal the decision.
    There is no point ringing the DWP. until they receive the SOR, which you should get a copy of .
    Your only course of action is to ring the tribunal clerk who may be able to hurry the judge up. Four weeks would be a reasonable time to wait. Depending on the response you get it may then be worth involving your MP.

    CR
    Be all you can be, make  every day count. Namaste
  • rosie55
    rosie55 Member Posts: 40 Listener
    Hi I've just gone through all this .
    Went to tribunal beginning of July.
    Dwp attended and conceaded on the points. Few days later got the letter saying they are considering appealing .
    Took a good 4 til 5 weeks for sor and a few weeks for them to decide and it then go into payment .Did have mps help though . More common now with sors but try not to worry x
  • jackie27
    jackie27 Member Posts: 18 Connected
    Won appeal 4july now 17september  still not heard law centre don't want to help  going to give up to tried 



  • rosie55
    rosie55 Member Posts: 40 Listener
    Contact your local mp x
  • CockneyRebel
    CockneyRebel Member Posts: 5,212 Disability Gamechanger
    Contact the tribunal clerk for an update

    CR
    Be all you can be, make  every day count. Namaste

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