Archived Ask a benefits adviser [CLOSED]
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.

DWP appealing the tribunal's decision

BillijoBillijo Member Posts: 7 Listener
Hi everyone, I need some advice regarding winning my appeal at the tribunal. I got a letter from DWP yesterday and they are appealing against my decision. I have mental health problems and it's not doing my health any good. Please can you advise me me on this matter, I am new to this. thanks.

Replies

  • LiamO_DellLiamO_Dell Member Posts: 1,114 Pioneering
    Hi @Billijo,

    Welcome to Scope's online community! It's great to have you on board.

    I'm sorry to hear about the problems you're having with your appeal and the stress it is causing you. I've moved this post into our Ask a Benefits Advisor category, where @BenefitsTrainingCo will be able to offer further support.
    Liam
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi
    Couple of quick questions
    1) Have the tribunal accepted your appeal ?
    2) The letter you have received is it a big bundle of paperwork ?
    Be all you can be, make  every day count. Namaste
  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Billijo, You say you won your appeal. Does the letter say something like the DWP may be appealing the decision and have 28 days to decide whether they will be appealing? If so this is a fairly standard letter and it is very badly worded to make people think the DWP are appealing. The truth of the matter is that they can only appeal on a point of law not against the decision itself. For example if the tribunal had made your decision using incorrect ruling according to the law governing PIP. This is very rare as judges know what they are doing. If they're appealing they still have to apply to the court to do that and it's up to the court whether to accept it. Then they have to win the appeal so the letter is only to inform you what they have a right to do not what they're actually doing. Please don't worry..
  • BillijoBillijo Member Posts: 7 Listener
    Hi Wildlife, the letter says they've applied to the tribunal for a statement of reasons.As they wish to apply for permission against my appeal. They have 1 month starting from the 8th of August, which is when my appeal was heard. I wish I could stop worrying. I thought that was the end of it, when I won. Thanks.
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    It is becoming more common for DWP to do this, it doesn't necessarily mean anything. They can only appeal on a point of law, which is what the SOR may or may not show. Most of the time the judge knows best  and no error of law will be found
    Be all you can be, make  every day count. Namaste
  • BillijoBillijo Member Posts: 7 Listener
    Hi
    Couple of quick questions
    1) Have the tribunal accepted your appeal ?
    2) The letter you have received is it a big bundle of paperwork ?
    Hi CockneyRebel, I won my appeal, but DWP are asking for statement of reasons. I only received 1 letter from them, not a bundle. Hope this answers your questions thanks.
  • wildlifewildlife Member Posts: 1,316 Pioneering
    edited August 2017
    @Billijo The letter you have received is the letter I referred to. It is extremely rare for the DWP to even have grounds to appeal never mind win. On the other hand lots of people have received the same letter as you and many have reacted the same as you have. The fault lies in the timing of the letter coming just after your success at Appeal and also the wording which is more about them having the right to Appeal the decision (but only on a point of law) than them actually doing anything about it. The Statement of Reasons will have been produced according to the law as the Appeal panel are doing these day in day out. DWP do have 28 days from when they receive the Statement of Reasons but this is much more about letting you know your PIP payment will not be processed till after this time has passed than any likelihood of them being able to Appeal.   
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited August 2017
    Hi @Billjo

    As per what everyone has said above, the letter you have received does not necessarily mean that the DWP will appeal, it just means they might, and if they do request permission to appeal, they may not be granted it, as the judge would have had to make an error of law, not simply a decision they disagree with.

    The only thing you can do at present is wait and see what they do. If they decide to appeal, it's worth trying to find a rep local to you to have a look at the papers, or if you can't find one, feel free to come back here and we can give you some information on how you might proceed.

    Unfortunately, your benefit will not be paid until they have made their decision not to appeal.

    Hope this helps, and do get back in touch if you need to!

    Kind regards,

    Mary
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • BillijoBillijo Member Posts: 7 Listener
    Hi Mary, I've got a rep from the law centre who's taking my case on. I just hope I don't have to pay as I've got no money. Do you know how the law centres work, as I've never used one before. Thanks.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Billijo, I don't know a great deal about law centres but I have found this for you to have a look at: http://www.lawcentres.org.uk I hope it helps you, Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
Sign in or join us to comment.