Can the first assessor appeal against a PIP tribunal verdict?

alipen
alipen Online Community Member Posts: 2 Listener
edited June 2017 in PIP, DLA, ADP and AA
Hi i had my p.i.p. appeal overturned at tribunal.I was given a lwtter with the decision i have been awarded standard daily living withouy motorbility which i was advised to re apply for.I had not reciwvwd anything from dwp so rang them.I was told it would be 4-6 weeks and the first assessor may appeal against the tribunal verdict.can they do this? It's been a hard year of waiting and still not getting it all, i'm upset i may not now get it

Comments

  • Geoark
    Geoark Online Community Member Posts: 1,464 Championing
    Hi @alipen and welcome to the community.

    Unfortunately yes they can do this. I have no idea how successful the DWP has been with such appeals, @BenefitsTrainingCo may be able to offer some advice on this. 
  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,087 Empowering
    edited June 2017
    Hi @alipen,

    Welcome to Scope's online community!

    Sorry to hear that you've been having some problems with PIP. I've moved this post into our Ask a benefits advisor category, where @BenefitsTrainingCo may be able to advise.
  • alipen
    alipen Online Community Member Posts: 2 Listener
    Thank you
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi alipen

    Both the claimant and the DWP have the right to appeal to the Upper Tribunal following a First tier Tribunal decision. But it is relatively uncommon for the DWP to do this and they must usually take action within one month of the tribunal's decision.

    Unfortunately there can be a bit of a delay whilst the DWP considers its options but hopefully it will be settled soon. The best thing to do is contact the DWP to find out what is happening and if they fail to give you a satisfactory answer then you should consider making a complaint.

    David
  • wildlife
    wildlife Online Community Member Posts: 1,289 Trailblazing
    edited June 2017
    @alipen  Am i the only one reading this as the person who assessed you? Is that who you mean? Or are you calling the DWP your 1st assessor? If so the above advice applies..
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing
    Hi @alipen,


    The DWP can ask for written reasons of the tribunals decision to consider whether they wish to challenge their decision. In practice I am finding the DWP are asking for the written reasons in a lot of cases, but then they are not finding any reason to continue with challenging the decision and they end up paying up! It's not fair as we know it adds extra strain to the long wait you have already had, but I am advising people I see in my local advice centre to wait approx. 6-8 weeks for payment after the tribunal decision.
    Hang on in there and as David said, if the delay is any longer, then complain.
    Good luck,

    Laura