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DWP may appeal tribunal result- how long does this take?

bedfordjeanbedfordjean Member Posts: 3 Listener
edited April 2018 in PIP, DLA and AA
Mt son has just had tribunal result after waiting over one year he won his appeal 12pts motobility,one week later letter from DWP saying they may appeal how long dose this process take don't know where to turn for help he suffers serious mental health and cannot leave home unless someone with him

Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Welcome 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi bedfordjean and welcome

    Usually the DWP take 5-8 weeks to put a tribunal decision into payment. It is not that uncommon for the DWP to ask for a statement of reason from the judge. They can only appeal if an error in law exists. They seldom take it that far but it is a waiting game again, sorry

    CR
    Be all you can be, make  every day count. Namaste
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @bedfordjean, welcome to the community! I hope the above responses are helpful. If we can be of any further assistance to you or your son, please do let us know.
  • atlas46atlas46 Community champion Posts: 827 Pioneering
    Hi Bedfordjean

    Sorry the DWP letter is causing distress, but this is the standard letter they send.

    Believe me the last thing the DWP would do, is to launch an appeal to the Upper Tribunal.  As at this very time they are reviewing 160,000 previous claims, as a result of a recent decision handed down by the Upper Tribuanal..

    They would only consider an appeal, if there is a major impact on PIP across the country.

  • bedfordjeanbedfordjean Member Posts: 3 Listener
    Thanks atlas46 just seen his tribunal which says it inappropriate to give time limit it seems they want to do a reassessment not appeal it just moving goalposts again
  • dodo76dodo76 Member Posts: 46 Courageous
    Hi 
    I am so sorry to hear your news 
    it seems that the Dwp are going all out of their way to had to the stress levels of claims 
    My partner won his appeal almost a year ago and we are now at the upper level waiting fir a judge to look again at our case its 20 months since we lost his benifit and 7 months since we were sent back to the judge they are not allowed to take the furst ruling allowing him to keep the pip its purely the amount they are messing us about  hopefully you will not have to deal with any thing like we have had to deal with and once the Dwp will see since and we pay you the money you are due hang in there and keep us posted too
  • soniacoffinsoniacoffin Member Posts: 12 Listener
    I know this is an old thread but did any of you get your issues resolved? Only asking as my daughter is having problems of her own 🤔 we have got as far as upper tier tribunal but the Secretary of State has said they agree but will only have a decision without reasons (don’t understand that part) if the judge remits the case back to lower tier tribunal 😳 it’s been going on 23 months now and we’re tired of fighting 😔 thanks for your help 😊
  • affii1993affii1993 Member Posts: 97 Courageous
    @dodo76 any update and @bedfordjean any update yet??
  • affii1993affii1993 Member Posts: 97 Courageous
    @soniacoffin hey nice to meet and can you explain yeh situation 
  • soniacoffinsoniacoffin Member Posts: 12 Listener
    Yeah sorry 😂 my daughter has Ehlers Danilo’s Syndrome Type 3, she has anxiety, depression and won’t leave the house unles it’s with someone familiar (this has improved as it was only me she would leave the house with). She struggles with dislocating her joints constantly and weakness of all joints and limbs as well as constant pain. When she walks she falls because of ankle, knee or hip dislocations/subluxation that happen when they happen, there is no knowing when it’s going to happen or if it’s going to tear a ligament or tendon which is also done frequently. She was on DLA until she turned 16 when she was invited to claim PIP.

    She had her face to face and was refused benefit with 0 points with them saying she wasn’t on medication for depression so they could not include that, she was only on ibuprofen and didn’t take it regularly so was in no pain, she was able to get the bus to school so could follow a route without a problem (even though they were told that her father drives her to and from the bus stop, she sat in the car until the bus arrived and only got of the bus in the school and then only got on the bus in the school and got off at t6e bus stop and got into the car and was brought home) and was able to hold eye contact with the face to face therefor anxiety was not an issue, they even told her she has no problem cutting up her food as she can use a mobile phone and is not malnourished.

    we have complained to capita and the complaint is now with ICE and was accepted on the 29th July 2018, the gentleman I spoke to said he has a friend with the same condition and will make sure the case worker knows how bad the condition is, he said he was disgusted with the reports.

    we went to the lower tier tribunal and they awarded her 7 points but were horrible to her, she has naturally long nails and because they had been painted they said she was able to go out to get them done (they assumed they were false) even after I said I took her to get them painted as a birthday treat as the tribunal was the day before her birthday, the dr told her she was not dislocating or subluxing her joints that she was mearly clicking and popping them, he did not stop repeating this to my daughter despite her answer being the same every time that she was dislocating and subluxing until I offered to demonstrate to him (I have the same condition, I would never deliberately dislocate or sublux my daughters joints) he then said no that’s ok thank you and sat back saying nothing more or adding anything else, the disability specialist then told her she had no problems because she has chosen to do childcare in college, they practically had a go about her being able to change nappies and such even though she stated several times it’s against the rules and she does not do that and in fact nobody is allowed to do that on the corse (it was not until we got home that we realised that they would obviously use it against her if she had a baby and had to change it and care for it). 

    We requested to go to the upper tribunal and they obviously refused so we appealed direct, they agreed the appeal and wrote to the Secretary of State explaining that they felt she was entitled to another 2 points as a result of an error in law and if the Secretary of State agreed they should direct the tribunal on how to proceed, suggesting they allow the tribunal to just add the 2 points to the previous tribunals 7 and creating an award.

    The Secretary agreed that the 2 points should be awarded on an error in law but has said they will only agree to a decision without reason if the judge remits the case to the LTT. 

    We have been going through this for 23 months now, we signed the form saying we agree with Secretary (didn’t think we had an option) and that was on the 28th October, my daughter is petrified of going through another LTT and is saying she wants to just give up 😔 
  • soniacoffinsoniacoffin Member Posts: 12 Listener
    Sorry for being rude 😳 it’s nice to meet you all too 😊 thank you 😊 I’m sorry my reply is so long 😂 didn’t know how to do it any other way 😐 
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi soniacoffin and welcome

    Thank you for your post, we very rarely see any one that has managed to take their case as far as you have. I am sure that your experiance will be very useful in adding to the collective knowledge on this forum

    I sincerly hope you manage to get the award that your daughter deserves


    Be all you can be, make  every day count. Namaste
  • soniacoffinsoniacoffin Member Posts: 12 Listener
    Thank you 😊 I will keep the thread updated 👍
  • affii1993affii1993 Member Posts: 97 Courageous
    @soniacoffin hats off to you for fighting for so long, I hope it gets sorted and it’s not unfair for you and your daughter to go through this! Pls keep us updated and wish you all the best 
  • soniacoffinsoniacoffin Member Posts: 12 Listener
    affii1993 thank you 😊 I will update as soon as I know 👍
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