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Do the DWP need to attend a tribunal to appeal the judges decision

georgehenry53georgehenry53 Member Posts: 5 Listener
edited June 2018 in Disabled people
Do the DWP need to attend a tribunal to appeal the judges decision

Replies

  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    No, not at all. They need a statement of reasons; record of proceedings and to be able to find an error of law that would allow a further appeal to proceed.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    No, they don't.
  • MisscleoMisscleo Member Posts: 646 Pioneering
    What do they need then tell us the rest
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    You'd have to ask the DWP why they ask for statements of reasons in some cases and not others, and very occasionally appeal to an upper tier tribunal.

    The answer to the OP's question is that DWP do not need to have attended the hearing in order to ask for an SOR and maybe appeal.  Many members have reported that DWP have asked for an SOR where they have not attended the hearing.
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    The decision is made by DWP in house legal. The case may be a potential test case. It may involve an opening of flooodgates if allowed. It may be because POs have allegedly been instructed to challenge most enhanced rate awards. It may be looked at solely cos a PO is enraged by an outcome. Pretty much the same reason anyone on our side would look to challenge. 
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