How long should I wait.

abbatony4950
abbatony4950 Community member Posts: 10 Listener
edited September 2017 in Benefits and income
I have won my appeal but the DWP are appealing against it, It's been 12 weeks now how long should I wait.

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Have you received a copy of the SOR/or their submission

    CR
  • abbatony4950
    abbatony4950 Community member Posts: 10 Listener
    No the only thing I have had was the letter saying they were going to appeal
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Did it say they were going to appeal or that they had requested a SOR ?
    If this is the case then you should ring DWP asap as there time is up to appeal.
    If they are definately appealing the ring the tribunal clerk for an update

    CR
  • abbatony4950
    abbatony4950 Community member Posts: 10 Listener
    It did say they were going to appeal.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    You should ring the tribunal service for update
  • Dasiydo
    Dasiydo Community member Posts: 92 Contributor
    Ask them when it will arrived?
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing
    Hello abbatony4950

    The decision to award PIP was made by a First Tier Tribunal (FTT).  If the DWP are to challenge this decision they must first request a statement of reasons explaining how the tribunal made their decision. This can take around 12 weeks to be received. As such as suggested by CockneyRebel I would contact the Tribunal Service and ask for an update on your case and in particular if there is  a delay in receiving the reasons.

    It is ONLY when the DWP receive the statement will they be able to assess if there are grounds to challenge the tribunal decision.  This is because it is only when they have the reasons will they be in a position to know if they have  case to argue that the tribunal has made an error of law.  An error of law is when for example the tribunal have failed to adequately explain how they reached their decision or they did not follow the correct legal procedure.  As such the DWP cannot say with certainty that they will appeal the tribunal decision at this stage. 

    Once you and the DWP have received the statement of reasons the DWP will have to lodge a challenge to the FTT within 1 month from the date of the statement. As such if you hear nothing within 6 weeks from when you received the statement I would contact the tribunal service to confirm no challenge has been lodged, and if so this is the end of the challenge and you should receive your PIP award and arrears.  If a challenge is lodged, please post again. 

    I hope this helps.

    Maria



Categories