What benefits am I entitled to?
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Hi, my name is Sandra1956

Hi thank you for letting me join the group.

Replies

  • Sandra1956Sandra1956 Member Posts: 4 Listener
    I won my P.I.P appeal at the tribunal courts on 12th September 2017 dated back to 17th August 2016 it has been a long worrying journey and I should be happy, I phoned DWP last week only to be told they did not have the courts paperwork I then phoned Tribunals who said they sent it out along with my letter on the 12th September which I recieved they said they would email the DWP with a copy. The letter was sent to the presenting officer whoom I think was the DWP at the tribunal if so This gentleman was no gentleman he was very rude on the day and when the court made their deccision he was most anoyed and let the door go on me which upset my son but he keep quiet, I phoned the DWP today to be told they have the letter and I have to wait 4 week or more for their deccision as they might appeal, I do not understand the whole point of the tribrunal is to put your case and hopefully win how can the DWP be alloud to appeal, this has really upset me the long fight, I am so anxious I don't know where to turn.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Sandra1956, welcome to the community!

    This sounds like an upsetting issue for you, and I'm sorry you're having to face this uncertainty.

    In terms of practical advice, I've found a past discussion on this issue that may be helpful to read through. The advice given here to contact anybody who helped you with your tribunal process, such as Citizens' Advice, if anything just for some more clarity. It was also suggested that getting an MP on board may be something you want to consider. Does this sound do-able to you?

    It's completely understandable that you're feeling upset and anxious at the moment. Please know that you're welcome to post on here at any time, and we'll do all we can to support and assist you.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Sandra and welcome

    Following a tribunal decision, both you and the DWP have the right to appeal the decision. To do so there must be an error of law present, which is rare. They can't appeal just because they disagree with the decision.
    They may ask for a statement of reason from the judge, this is what they would use to see if an error of law exists, but you should be notified if this happens

    CR
    Be all you can be, make  every day count. Namaste
  • Sandra1956Sandra1956 Member Posts: 4 Listener
    Hi Thankyou for the information it is a big help , I have also spoke to my Mcmilliamn citzen advisor today she phone the DWP , she feels something is not right but we agree to wait for dwp to tell me if they are going to appeal plus if so it can take up to 8 week
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @Sandra1956

    As CR states, after an appeal both parties have a month to decide whether they want to start the process of possibly appealing further, by requesting a Statement of Reasons from the Tribunal, however this must be done within a month of the Decision, so if your appeal was 12th September and no Statement of Reasons has been requested then they are now out of time and need to pay your award.

    To check this, call the Tribunals Service and ask if a Statement of Reasons has been requested, if it hasn't then call the DWP back and complain, advising them they are out of time to consider appeal and must pay your award.

    If they do request a Statement of Reasons then it's a waiting game I'm afraid as to whether they will actually appeal. As CR states, they can only do this on an error of law.

    Hope this helps.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Sandra1956Sandra1956 Member Posts: 4 Listener
    Dwp has said they still have 28 days as they did not recieved the statement from the tribunals for the award, I recieved mine on the 14th of September when they were sent out on the 12th, I could of had the letter on the day but court was runing behind and I said I would be happy to have the letter sent as They had told me the outcome.
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