PIP, DLA and AA
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Have to wait 28 days to see if they want to appeal, is that normal?

anne333anne333 Member Posts: 1 Listener
edited June 2018 in PIP, DLA and AA
Hi my partner has just won his pip appeal in court we rang pip and they said we have 28 days to wait to see if they want to appeal do they normally xx

Replies

  • mikehughescqmikehughescq Member Posts: 5,420 Disability Gamechanger
    Yes, had they lost you would have had the same right to request a statement of reasons and record of proceedings. 
  • markyboymarkyboy Member Posts: 374 Pioneering
    Everyone told me after my appeal success that the DWP would not pay out until the 28 days have elapsed.
    The DWP have paid me after 14 days they will have a good idea if they have got grounds of appeal were the law was not applied properly they cannot appeal just because they don't agree with the decision 
    Keep your eye out for the post Good luck
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    anne333,

    Yes, as you have been advised, this is normal. You will be informed if the DWP seek permission to appeal further. Do they usually appeal - no, but it is more common than it used to be. It is still relatively rare when you look at the huge numbers of successful PIP appeals.

    Fingers crossed it will all be fine for you.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Rosie2017Rosie2017 Member Posts: 49 Courageous
    I found out 2 days after winning my Appeal that the DWP were appealing me winning my Appeal!!  They were at my Appeal and did ask me a couple of questions. I had to wait 28 days to see if they would go ahead but heard nothing until exactly 28 days later they sent my backdated money without any explanation. I think you will probably hear quite quickly if they are going to Appeal so maybe no news is good news. I hope so. Good luck.
  • binxy2609binxy2609 Member Posts: 5 Listener
    That is typically true... the Two have 28 days to appeal against the decision the appeal courts made but DWP have to prove good reason to appeal x good luck xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Not good reason, they have to find an error in law to be able to appeal the decision. They have 28 days to ask for the statement of reasons but not 28 days to appeal. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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