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DWP appealing second court tribunal

mags1111mags1111 Member Posts: 11 Listener
edited October 2018 in PIP, DLA and AA
Hi all, my name is Mags, never sure where to put my messages, if in the wrong place please remove if needed.
It has been a while since being here. I thought I would let you all here know I finally had my Court Tribunal on the 10th October. Waited since end of November 2017.
My first Court appeal was feb 2016, which the Courts over turned and give me the highest rate of daily living and the low rate of Mobility until September 2018
They then took my Mobility from me on Otober 2017.

Finally got my Court tribunal. The Judge has now awarded me full on both including full Mobility.

Managed to get a lovely Welfare Rights Officer to come with me.

She told me to ring DWP this morning.

DWP have received the paper work and Courts decision.

Now they are telling me it will be a long process, as they will decide if they are going to appeal yet the second Court decision.

So I am not holding my breath on receiving this money. Plus the Courts state I should have back payments from October 2017

Sounds to me DWP are once again going to dispute this Court Order.

Regards Mags.

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @mags1111 Thanks for your post and telling the community.  Congratulations on winning your tribunal.

    Glad to hear that you have a lot of support from a welfare officer regarding your tribunal.

    Please ask we as a community can advise further or please ask for anything you wish to know.

    I am sure some one will be in touch.

    Take care

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
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  • mags1111mags1111 Member Posts: 11 Listener
    Thank You @thespiceman , I may have yet win again. But looking like DWP are going to appeal. These people how on earth do they sleep at night ? I don't. I cannot cope with more stress. Doubtful I will show up again. The Court states very clearly why I win the appeal. Nothing is good enough for DWP. It seems they enjoy seeing people stressed and ill. And Thank You so much for replying to me

    Maggs
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    edited October 2018
    Hello @mags1111 Thanks for your reply. Glad to help. I just wanted to add you are not alone.  With any of this remember that.

    Always here anytime to listen.  Understand the stress and anxiety.

    I am in my early fifties and claiming benefits on and off for last twenty years plus.

    One says I am fit and then 18 months or more another says am unfit and so the roundabout goes around.

    Another two years plus one says am fit and then again unfit continuous from around early nineties.

    So you can imagine the vicious circle I have and I am not alone with this.

    What helps is having good support.  That is good to hear you have that. I had a support worker from a mental health charity whom I told one day my story because it is hurting and harming me mentally.  She intervened told the assessors no point in passing this gent fit and sent a letter in.

    Reasons were every time passed fit. Sign on, do courses nothing happens as I found out stuck in this employment vacuum.  While ill and still harassed by employment services.

    Done a lot . Jobs and employment always worked like most of our community.  Even done a business but no one listens do they to you. This is different you will find members like yourself. Yet when you know you cannot do this any more.

    There comes a time to say to some one like me. Leave you alone. Had this other day training company found me and asking probing searching questions.

    End of my story.  I apologise if long just wanted to add and seeing others like yourself.  We as a community are here anytime to help and give much support as we can.

    I can imagine what you are going through. This helps being here.

    There are amazing people on this forum that have outstanding benefit knowledge.

    Thanks to them learning so much. So you have come to the right place.

    Pleasure to talk to you

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • mags1111mags1111 Member Posts: 11 Listener
    @thespiceman , sorry just replying to you. This DWP honestly don't know how these people sleep at nights. I don't. This is now the 28th day they have to appeal against my win from the Court Tribunal. Heard nothing at all from them. My luck a letter of appeal will probably arrive today on the 28th day. I will let you all know I I receive anything. I know how you feel/ It is draining me now. physically and Mentally. So still sat here waiting to find out if I am getting what Court Tribunal have given me. 

    @mags1111
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @mags1111 Thanks for reply. How are you ? Imagine very anxious, stressed and uptight.

    I know this is not helping you the waiting and the final outcome.

    Wanted to add we are here as a community you know that.

    To support, give you advice and listen if and when you need it.

    Anytime. Please contact me or ask if we can help.  I am not going any where to reassure you.

    Pleasure to meet you

    Take care

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • atlas46atlas46 Community champion Posts: 827 Pioneering
    Hi @mags111

    Just to clarify, the potential of DWP appealing to the Upper Tribunal (UT).

    Each party has 28 days to appeal (you or DWP).

    However, the appeal has to identify an error of law, not that they disagree about something.

    I have just checked the UT cases for this calendar year and not one single case has been appealed by DWP.

    I would suggest you check with the DWP, when your claim will be in pay.

    Keep us informed.
  • mags1111mags1111 Member Posts: 11 Listener
    Hi atlas46

    Thank You so much for that information. My postman arrives at stupid times, around 2.30. If no letter of appeal arrives today post. I will call DWP. Fingers crossed. I will keep you informed 

  • mags1111mags1111 Member Posts: 11 Listener
    And Thank You to @thespiceman also. Yes very anxious, stressed and uptight. Hopefully let you all know today with any news. 

  • justg72justg72 Member Posts: 173 Pioneering
    Hi Mags111
    My heart goes out to you its dreadful how they treat people. You would think taking it to a tribunal that would be the end if the judge says you have won. This isnt taken lightly, I also think if you win your tribunal,then why do DWP go against you. I am waiting for my my tribunal so I fully understand the stress it causes you! I hope you win your case and good luck.
  • YadnadYadnad Member - under moderation Posts: 2,862 Disability Gamechanger
    mags1111 said:
    Thank You @thespiceman , I may have yet win again. But looking like DWP are going to appeal. These people how on earth do they sleep at night ? I don't. I cannot cope with more stress. Doubtful I will show up again. The Court states very clearly why I win the appeal. Nothing is good enough for DWP. It seems they enjoy seeing people stressed and ill. And Thank You so much for replying to me

    Maggs
    The DWP have the same rights as you have in considering whether they want to challenge the decision. They have 28 days to lodge an appeal - however with the DWP the courts are very lenient with this time limit with them as they know that they are very busy
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited November 2018
    DWP have 28 days to request the statement of reasons. This doesn't mean they have 28 days to appeal the decision. They can't appeal the decision unless an error in law has been found and do find that they need the statement of reasons first. If they have requested this then there's no timescales to how long HMCTS can take to send it to them.
    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.
  • atlas46atlas46 Community champion Posts: 827 Pioneering
    atlas46 said:
    Hi @mags111

    Just to clarify, the potential of DWP appealing to the Upper Tribunal (UT).

    Each party has 28 days to appeal (you or DWP).

    However, the appeal has to identify an error of law, not that they disagree about something.

    I have just checked the UT cases for this calendar year and not one single case has been appealed by DWP.

    I would suggest you check with the DWP, when your claim will be in pay.

    Keep us informed.
    Hi @poppy123456

    As stated above, the reality of the DWP appealing to the UT, is nil.

    That I believe, is the important message we have to get across, our community.

    Not to lumber them, with some kind of threat, that an Appeal by DWP to the UT is pending.

    Hope you are well.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's very rare indeed i agree. I was just mentioning the fact that it's 28 days to request the statement of reasons not 28 days to appeal. Requesting the statement of reasons doesn't mean they will or can appeal.

    I'm not bad thank you. Hope you're well too.
    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.
  • mikehughescqmikehughescq Member Posts: 5,344 Disability Gamechanger
    I don’t see how anyone can say how rare it is given that no stats are available, Anecdotally the UT office suggest around 30% of their appeals were initiated by DWP and it’s rising.
  • atlas46atlas46 Community champion Posts: 827 Pioneering
    Hi @poppy123456

    You are a stalwart of this community and your wise council, is very much appreciated, by many of us.

    I and my family are fine.
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