Can they appeal my tribunal? — Scope | Disability forum
New to the community? Remember to read our community guidelines and our community house rules.
Concerned about another member's safety or wellbeing? Find out how to let us know.

Can they appeal my tribunal?

Pennycrayon909
Pennycrayon909 Member Posts: 8 Connected
edited April 2018 in PIP, DLA, and AA
I am just wanting to know if anyone can help me.
i went to my tribunal hearing on the 27thor March this year and took my daughter with me.
The outcome was great and was awarded for five years as shouldn’t have been stopped.
the nurse I saw who cancelled it totally lied about nearly everything I said.

my problem now is I am back to being ill as DWP are saying I have to wait 28 days as they may appeal the tribunal but is rare with being mental health issues.

is this right ? 
Totally panicking that they will and this will go on for months 
any help appreciated 
thank you in advance 

Comments

  • debbiedo49
    debbiedo49 Member Posts: 2,904 Disability Gamechanger
    Fingers crossed for you!
  • JennysDad
    JennysDad Member Posts: 2,299 Disability Gamechanger
    Hello @Pennycrayon909 and a warm welcome to the community. Penny Crayon? That takes me way back - a wonderful character.
    Easy to say, not easy to do, but try not to panic. You are not alone now.
    We have some expert advisors on here who will get back to you just as soon as possible, so please bear with us. The weekend tends to be a bit quieter when it comes to replies.
    We're here and listening, 'Penny', and we will do all that we can,
    Warmest best wishes to you,
    Richard
  • charlene
    charlene Member Posts: 555 Pioneering
    Keep. Calm, you will be fine. DWP does have the right to appeal, but rarely does.
    When the going gets tough, the tough get going.
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hi Pennycrayon and welcome

    Yes the DWP do have 28 days to appeal, but they can only do so if they find an error  in law. It is unusual for them to do so.
    The DWP do usually take 5-8weeks to put a tribunal award into payment

    This all sounds very normal so try not to worry

    CR
    Be all you can be, make  every day count. Namaste
  • Pennycrayon909
    Pennycrayon909 Member Posts: 8 Connected
    Thank you for the replies and I will try not to worry but I worry about anything and everything.
    seems like I am complaining over nothing when I have read about some of the problems people are having.
    The tribunal said they were puzzled by the assessor putting I buy food for the fridge then throw it away ?
    asked if was because of my ocd but I said I hadn’t even said that.

    I also suggested it might be a better idea to film the assessments then saves all the reconsideration and tribunal getting involved xx
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Thank you for the replies and I will try not to worry but I worry about anything and everything.
    seems like I am complaining over nothing when I have read about some of the problems people are having.
    The tribunal said they were puzzled by the assessor putting I buy food for the fridge then throw it away ?
    asked if was because of my ocd but I said I hadn’t even said that.

    I also suggested it might be a better idea to film the assessments then saves all the reconsideration and tribunal getting involved xx
    That does seem to be a stange comment from the assessor

    For sure filming would cut out a lot of the nonsense

    CR
    Be all you can be, make  every day count. Namaste
  • Pennycrayon909
    Pennycrayon909 Member Posts: 8 Connected
    Thank you for the replies after I had been to the tribunal.

    I had tribunal on the 27th of March and they said to my daughter (25 years of age) to contact dwp after two weeks.

    I did so twice and they were both rude and said WE (emphasis on we) might decide tribunal are wrong so just wait the 28 days.
    I couldn’t sleep I was worrying about what to do if refused and sent back to tribunal again as was an ordeal the first time. 
    The lady judge doctor and assessor plus the court clerk were so kind and understanding. 

    Got phone call wednesday and as my microphone decided not to work om my mobile she rang back four times and said I just needed to answer yes or no to
    been in hospital
    prison and are
    bank details the same as before.

    I was very surprised how she persevered with limited sound.

    rang yesterday and say back pay be in next Tuesday then be four weekly after the first payment on the 23rd of April.

    hopefully will be but I am not a positive person and wish I had joined this group earlier.
    thank you again xx
  • JennysDad
    JennysDad Member Posts: 2,299 Disability Gamechanger
    We're very glad to have you with us, @Pennycrayon909 and we all know, I think, how difficult it can be to be positive. No one can simply 'pull themselves together' as the traditional (useless) phrase goes.
    Just remember you are among friends now, that we are in your corner even if you can't quite see us there and that we will do everything we possibly can to get matters sorted for you.
    Warmest best wishes always,
    Here, still listening,
    Richard
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hi Pennycrayon

    Well done,
    Check your decision letter when you get it, not just the end date but the more important review date

    Now you can relax for a bit

    CR
    Be all you can be, make  every day count. Namaste

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.

Fancy a chat in our virtual coffee lounge?

Put the kettle on and have a chat in our coffee lounge with other members. We talk about hobbies, games and anything else you can think of!

Cerebral Palsy (CP) Online Cafe

Here's a new opportunity for people with CP or a similar disability (aged 20+) to get together and chat. The sessions are in partnership with CP Sport so you can find out more and meet people from both organisations.

Are you struggling?

Read our 'Coping with stress, low mood and isolation' support thread for a run-down of ideas on how to banish those blues and feel happier.

What do you think about the community?

Complete our feedback form and tell us how we can make the community a better space for you.

Information about COVID-19

If you have questions about the virus, please read our information and support which includes guidance on benefits, getting food and essentials and Cerebral Palsy.

Back to school this September?

Read tips on how to settle back in and handle any worries you or your children might be having this new term.