PIP, DLA and AA
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won appeal now this

jjdd70jjdd70 Member Posts: 64 Courageous
hi all my husband won tribunal on the  3rd july but just got a letter today the 15th from pip it says
IM WRITING TO TEL YOU WEVE APPLIED TO HER MAJESTYS COURTS AND TRIBUNAL SERVICE {HMCTS}FOR A STATEMENT OF THE REASONS FOR THE DECISION MADE ON 3RD JULY.AS WE WISH TO CONSIDER APPLYING FOR PERMISSION TO APPEAL AGAINST THE DECISIION 
i noticed it says as we wish to consider I'm guessing it doesn't mean they are and they are not is this a normal letter 
Read more at https://community.scope.org.uk/discussion/31458/blooming-pip-what-they-playing-at#AP6KGvbXSJEtJWV2.99

Replies

  • wildlifewildlife Member Posts: 1,316 Pioneering
    edited July 2017
    @jjdd70 Yep normal letter. They can only appeal the tribunal's' decision on a point of law and they only have 28 days from receipt of the statement of reasons to do this. They cannot appeal against the decision itself providing the award was decided upon by the Appeal court in a lawful manner which almost always is the case. Judges know the law so I wouldn't worry about something that isn't happening. Not only do they have to find a point of law they then have to prove it, again very unlikely.  
  • jjdd70jjdd70 Member Posts: 64 Courageous
    thank you wildlife for replying so this is quite normal has you say so once again no money for us and more worrying to had to my husbands stress.so you are saying its quite normal has everyone else received this letter especially the same wording then got there money?

  • wildlifewildlife Member Posts: 1,316 Pioneering
    @jjdd70 All I can say is that posts appear on here regularly from people who've had the same letter. I haven't because I never went to appeal. As you say it says "consider" so 1st they have to find a reason that does not comply with the law regarding the PIP award, then they have to "apply for permission" so up to the court whether this is accepted. Then the court has to accept there is a genuine reason, highly unlikely. It's just a way for DWP to delay the first payment of your husband's award. This letter should be scrapped and people only notified if DWP have found a problem with the way the tribunal decided on the new award. That's just my opinion as so many people think it means DWP are going to appeal when it's nothing of the sort. It basically only means they have the right to appeal but only on a point of law. There will be benefit advisors around in the week to verify what I am saying. 
  • jjdd70jjdd70 Member Posts: 64 Courageous
    is this the normal letter everyone has been talking about after winning appeal 
    because they say they have applied for SOR from courts then it says we wish to consider applying for permission to appeal so does this mean we have to wait 30 days form the 3rd or do we have to wait 30 days after they get the statement of reason not quite getting the drift of this letter once again not going to sleep its been bad enough waiting since last year june i think to get to tribunal won that and now this really struggling to come to terms with this 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @jjdd70

    I think the 'one month' is 28 days and DWP have 28 days to appeal from the time they receive the SOR.  I also think that the Courts and Tribunals Service has to send SOR to DWP within 28 days of receipt of request - but a benefits advisor could clarify this.

    In practice DWP make few appeals to an upper tribunal because they just don't have the grounds.
  • MarkmywordsMarkmywords Member Posts: 421 Pioneering
    Given that;
    1. It's a form letter and they can't yet know if an error has been made.
    2. The SOR would need to be analysed by a specialist lawyer for errors not in the judgement but in the interpretation of the laws that led to it.
    3. Very, very few legal challenges are ever actually made.
    4. A month's delay in paying is of no significant benefit.
    We are left only with improper motives for doing this.

    Hypothetically, it could be done to cause stress to discourage others from appealing.

    It could also be that they would then also threaten the possibility of continuing to assess claimants even though a court order has already fixed the terms of the award.

    A person could describe it all in one word, "intimidation."
  • rosie55rosie55 Member Posts: 40 Listener
    Hi I'm in the same situation .had an appeal 2 weeks ago and dwp sent same letter out. Payments on hold intil they recieve sor from tribunals.
    I was wandering how long it all takes as it was last September I put pip form in .dwp told me it takes about 1_2 weeks to recieve then they decide if they want to appeal to upper tribunal within law reasons or if they decide to not go any further they should start paying you and any backdated money.
    Has anyone ever had there's go to upper tribunals ? 
    Thanks 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rosie55

    In the 11 months I've been on Scope forum I have not read any reports of any members having been taken to an upper tribunal by DWP.  I think it is very rare.
  • rosie55rosie55 Member Posts: 40 Listener
    Thankyou Matilda.
    Do you know how long it takes from winning an appeal to receiving payments if dwp have asked for statement of reasons 
    Thanks 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @rosie55

    I understand that DWP have 28 days from when they receive SOR to decide whether to appeal, so if they don't appeal they should pay you arrears within about three weeks after that and regular payments from the next due date.
  • rosie55rosie55 Member Posts: 40 Listener
    O.k thankyou not received sor yet so could be waiting a good few weeks then.
  • rosie55rosie55 Member Posts: 40 Listener
    I feel for anyone whos going through the same process.as soon as I hear anything I will post.
    It makes me laugh because at tribunal the dwp advisor who was there actually conceaded in certain areas and now doing this .
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Hope you don't have to wait too long, @rosie55.  Yes, keep us posted.
  • jjdd70jjdd70 Member Posts: 64 Courageous
    thanks for the replys seems like its the norm with them then prattting around again making us all wait for payments 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    jjdd70,

    I've answered this elsewhere but as everyone says, yes I'm afraid this is increasingly the norm now. The DWP have one month from when they get the statement of reasons to ask for permission to appeal (although the First Tier tribunal can both extend or reduce that time limit, I doubt there would be any reason to do so here).

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • rosie55rosie55 Member Posts: 40 Listener
    Thanks for the advice.its just a waiting game with is very stressful and adding more to health and well being and financially problems.
    10 months since I put form in .I've spoken to my local mp aswell as it's all wrong there is lots of people suffering out there and dwp are not helping .
    Basically they have a month from tribunal to pay you and if they ask for sor it's a few weeks extra .I should hear summit middle of August. Feel for tribunals it's no wander they are fully backlogged with cases if they have to keep doing sors aswell as appeals.

  • jjdd70jjdd70 Member Posts: 64 Courageous
    hi i rang the tribunal to ask if pip had asked for statement of reason she said yes they have and it had been put infront of the judge yesterday to see if she approves it,
    what does that mean?
  • rosie55rosie55 Member Posts: 40 Listener
    Have you heard anything else jjdd70.
    I had tribunal on 6th July but not heard anything else only that letter from pip asking for statement of reasons 
  • jjdd70jjdd70 Member Posts: 64 Courageous
    hi rosie55 no nothing i rang tribunal to ask if dwp had asked for statement of reason too which they have done, and apparently it was put infront of the judge for her desciion don't know what that is.guessing now the judge has a right to either sent it too them or refuse don't know have you heard anything else?
  • rosie55rosie55 Member Posts: 40 Listener
    No not heard owt waiting on reasons to cum through .
    I think it's up to judge to send statement of reasons out but both parties get a copy. dwp have 28 days from date of receiving them to appeal or pay any money to yourself I'm assuming.
    It's all wrong u wait all this time and worrying and suffering til your tribunal and then they do this.
    If when u have any update let me know .x
  • jjdd70jjdd70 Member Posts: 64 Courageous
    will do but I'm getting peed off now its been since last june for us 
  • rosie55rosie55 Member Posts: 40 Listener
    You had any updates yet x
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Usually takes DWP 5-8 weeks after tribunal to action the decision. It is always good to check that DWP has received the decision as they can and do "mislay" them sometimes.
    Be all you can be, make  every day count. Namaste
  • rosie55rosie55 Member Posts: 40 Listener
    We are at the stage of waiting for sors to be sent out from tribunals ? X
  • jjdd70jjdd70 Member Posts: 64 Courageous
    finally sorted has been done just have to wait now 28 days took over 8 weeks before judge had done it
  • Barrylad1957Barrylad1957 Member Posts: 100 Courageous
    @rosie55
    Hello, the people I know locally who have been to appeal over their pip decision and won have all received this same letter, so almost certainly nothing to worry about. Like what has already been said in the comments above, probably just another discouragement tactic. Put it in a drawer and forget about it.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    @rosie55
    Hello, the people I know locally who have been to appeal over their pip decision and won have all received this same letter, so almost certainly nothing to worry about. Like what has already been said in the comments above, probably just another discouragement tactic. Put it in a drawer and forget about it.
    When I was a lad we would have made better use of it, hung on a nail in the outhouse :)

    CR
    Be all you can be, make  every day count. Namaste
  • jjdd70jjdd70 Member Posts: 64 Courageous
    sorry forgot to mention the statement of reason has now been done just have to wait 28 days now judge took over 8 weeks to do it now just waiting
  • rosie55rosie55 Member Posts: 40 Listener
    Yours has took a while .it took bout 2 1/2 weeks for me to get a letter saying it's going into payment.x
  • Rosie2017Rosie2017 Member Posts: 49 Courageous
    Well I  had to go to my Work Related ESA assessment today so I thought I would explain what happened and ask if anyone has experienced the same. I was authorized a taxi by the DWP after sending them a letter from my GP. My appointment was for 11.30 and I was called for at 11.45. By 12.03 my assessment was over!! I suffer from various disabilities and had sent in quite a bit of correspondence from doctors, consultants and clinics but I was only asked about one of my disabilities which is faecal incontinence. I now have to use a machine to empty my bowel to try and help with this problem, I am struggling with this at the moment as I have only had it a few weeks. This was the only disability they asked me about and I was only asked a couple of questions. They then said someone would phone me in a couple of weeks with their decision. I am very worried about the fact that I was only in 18 minutes, this has never happened before and I have never had a phone call regarding a decision. Anyone else had this experience? 

  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Best of luck with the outcome @Rosie2017, do keep us updated. Fingers crossed that you'll hear back soon and you get the outcome you're hoping for.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Rosie2017,

    They do quite often ring people now, but you should get a written decision too. If it's not what you think it should be, do make sure you ask for the assessor's report and get advice on the forum about asking for a mandatory reconsideration, if you need to.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Rosie2017Rosie2017 Member Posts: 49 Courageous
    Thanks Hopefully it won't get to Appeal stage as I haven't got the strength to go through another Appeal after my PIP last year! Just back to the waiting game now.
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