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DWP's right to appeal PIP tribunal?

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karmic
karmic Community member Posts: 2 Listener
edited March 2018 in PIP, DLA, and AA
Two years ago my daughter was assessed for PIP by ATOS. Previously on DLA.  I didn't look at the reply as I had become ill myself.  It wasn't until the disabled badge needed renewing that I discovered they had not awarded her the full mobility rate. 
I phoned the DWP up and was told I was too late to question it and She had to go through the whole process again. (40 page document and assessment)   It was extremely distressing for her and myself as I'm now requiring medication for the rest of my life and stress is a contributory factor to my illness. 
The second assessment stated she'd been given too high an award and they wanted money back.  I was furious, I phoned them and they said they'd look at it again.  The came back saying they'd leave it as it is.  (Still not the full one but not having to pay them back) 
She has been on a life support machine for 15 years.  Nothing has changed other than my thyroid has packed in and I'm in a lot of pain now.  
I chose to appeal and had the hearing two weeks ago.  The judge ruled she gets the full award so we can get a disabled badge.  I've just phoned them today and they say they have a 28 day right of appeal. 
How is that?  The judge ruled so
1) why were they not there?
2) how have they another right of appeal?

Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Hi karmic and welcome

    The DWP can only challenge the decision if they can find an error in law.
    If you hadn't received the award that you deserved you would also have the same right.
    It does happen but in most cases they do not take it further

    They will normally put an award into payment 5-8 weeks

    CR
    Be all you can be, make  every day count. Namaste
  • karmic
    karmic Community member Posts: 2 Listener
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    Hello Cockney Rebel - thank you for your help in this matter.  They have driven me to despair. My daughter's circumstances have not changed in 15 years.  She has advanced bone disease, hole in her heart, needs life support every other day of her life and is not expected to live past 30 and she will be 29 this year.  They have made us go over and over the same ****.  Why I ask and how are they allowed to do this?  I've had it for 18 months now.  But thank you again for your help. its very kind of you to reply.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    No problem glad to help
    It is very unfair that the most severly affected are often treated the harshest
    If you do have further problems you might want to involve your MP but I sincerly hope that will not be necessary

    CR
    Be all you can be, make  every day count. Namaste
  • joyclyn
    joyclyn Community member Posts: 73 Courageous
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    Sorry to hear this it is disgusting  how can they get  away  with this  hope all goes well 
  • artistwithanger
    artistwithanger Community member Posts: 3 Listener
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    I am that stressed with PIP problems I feel suicidal. No one's listening to me and I can't cope no more
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,790 Disability Gamechanger
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    I'm so sorry to hear about your situation and the stress it must have placed on your family, @karmic. I hope things go smoothly but as CR says, you may want to consider getting your MP involved otherwise. Please do keep us updated and let us know if we can be of any assistance.

    Hi @artistwithanger, I've just left a reply on your recent thread and it would be great to hear back from you. Here on the community we'll be here to listen and I really hope we'll be able to offer some guidance.
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