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Hi, I won my tribunal but DWP are appealing it
Steffie
Member Posts: 6 Listener
hi
i won my tribunal on 21st March 2018. I gave JUST received a letter from the DWP that they are appealing the UNANIMOUS decision made at the hearing and won’t be paying me the money owed from the year before or what I should have now!!
What do I do? It says I have no right to appeal this decision.
i won my tribunal on 21st March 2018. I gave JUST received a letter from the DWP that they are appealing the UNANIMOUS decision made at the hearing and won’t be paying me the money owed from the year before or what I should have now!!
What do I do? It says I have no right to appeal this decision.
Replies
they stopped my payments last May, they have increased my disability allowance to standard living and mobility (I didn’t get mobility before) and we were told I would receive a back payment.
Im gutted! I don’t know how much more fighting I can do
Have the DWP said they are appealing or that they have asked for an SoR and may appeal ?
Normally in order to appeal a FTT decision they ( or you ) would need to asked for an SoR and record of proceedings to see if an error in law is present. It is not uncommon for an error in law to p be present but it is unusal forthe DWP to contest the decicion.
If in fact they are appealing to the UTT, first they have to ask the FFT for permission and seeing as it wll be the same FTT judge they ask it is likely to be refused.
They can then still appeal directly to the UTT who may or may not grat the appeal. If they do grant it, then it is returned to the FTT with a direction regarding the specific point of law. The FTT the have to look at the case again, with that direction in mind and make a new ruling.
It may well be that the direction has no effect on their findings and the decision will still be found in your favour.
Unfortunately this all takes time so Please get f2f advice from CAB or similar to discuss your options
CR
What do the letters all stand for?
I’m so confused!
It says dwp are appealing the the result of the decision made on 21st March and they may decide to not give me the back payments (which will be possibly at least 12 months by the time this happens!!). I’m devastated!! I don’t think I can cope with this much more!
So sorry
FTT = first tier tribunal
UTT = Upper tier tribunal
Usually the DWP have 28 days to ask Statement od Reason (SoR ) and record of proceedings from the judge of your first tribunal ( FTT ) They use this to see if an error in law can be found on which to challenge the decision. They then have a further 28 days in which to appeal.
If your tribunal was on the 21st of march this does seem very quick for themto complete this process. You should have also received the SoR
Most letters from DWP aare at best misleading and at worst incomprehensible
To try and make sense of this Ring the tribunal clerk and ask them what is going on
Sorry it is the weekend now and you will have to wait until monday to ring
CR
We were told on the day on 21st March 2018 that they UNANIMOUSLY agreed that I was need of PIP and then received the letter yesterday!
My dad’s alreafy rang rang them and said they were bloody useless!!
If they are going to go to go against the neuropsychologist’s assessment and opinion of an acquired brain injury being LIFE CHANGING, and other various specialists’ views, then it really is a farce!
I have parents that fight fight so hard for me to get the help I need but I know a lot of vulnerable people don’t have this support! I can’t believe the 1000s of pieces of evidence that we’ve supplied as evidence are being disregarded.
We were told on the day on 21st March 2018 that they UNANIMOUSLY agreed that I was need of PIP and then received the letter yesterday!
My dad’s alreafy rang rang them and said they were bloody useless!!
If they are going to go to go against the neuropsychologist’s assessment and opinion of an acquired brain injury being LIFE CHANGING, and other various specialists’ views, then it really is a farce!
I have parents that fight fight so hard for me to get the help I need but I know a lot of vulnerable people don’t have this support! I can’t believe the 1000s of pieces of evidence that we’ve supplied as evidence are being disregarded.
Did your Dad ring the DWP or the tribunal clerk ?
CR
If your Dad rings the tribunal clerk he will get the truth as to whether they have asked for an SoR or in fact started an appeal. DWP phone jockeys are poorly trained at best and a lot just talk **** to get you off the phone
The Clerk will know what is happening
Good luck
CR
https://publications.parliament.uk/pa/cm201719/cmselect/cmworpen/829/829.pdf
All correspondence should be addressed to the Clerk of the Work and Pensions Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 8976; the Committee’s email address is [email protected]