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PIP tribunal appeals

Barney18Barney18 Member Posts: 7 Listener
Hi there

Please could someone let me know what happens if the DWP want to appeal the tribunal decision. My daughter had her appeal over a month ago and was awarded low rate both - the DWP have said they wont pay as want to appeal and are awaiting a statement of reasons. 

If when I receieve the statement of reasons I have grounds to appeal myself (I think 1, possibly 2 descriptors they’ve chosen do not correlate with the law), would anything be paid in the interim period if the DWP do not appeal but I do? I’m in limbo at the moment waiting for a statement of reasons but some things have also got worse since we originally applied so I have no clue what to do. 

If I ask for a supersession now while they’re waiting to appeal, does that mean what she was entitled to over the last year wouldn’t be paid? 

Sorry if that’s confusing! What effect does asking for a supersession have when you’ve had an appeal and the DWP have asked for a statement of reasons before payment?

Thanks :)


Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    None of you can appeal unless you find an error in law in the statement of reasons.

    If DWP decide not to appeal all the backdated money will be paid and payments will then be made every 4 weeks. They will continue if you find that error in law and decide to appeal.

    Reporting a change of circumstances means more forms being sent and another face to face assessment. The new decision will overrule the Tribunal decision. You should get expert advice before reporting a change of circumstances. A worsening of condition doesn't mean you'll be awarded more points.
    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.
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    Hi has anyone had a PIP tribunal appeal for mental health I got mine tomorrow the 13th please can you shed some light on it what happens at the appeal thank you and if you won it for your mental health
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    Has anyone had a tribunal hearing and want it for the mental health if so can you shed some light on it I've got my tribunal appeal tomorrow to win back my Pip
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Has anyone had a tribunal hearing and want it for the mental health if so can you shed some light on it I've got my tribunal appeal tomorrow to win back my Pip
    Sometimes the forum has it's quiet moments and you have to wait longer than usual for someone to answer, especially this time of year. Your question has been answered here on your other thread.

    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.
  • Barney18Barney18 Member Posts: 7 Listener
    Hi Poppy, I’ve just realised I never thanked you for your response and explanation back in October...it was very helpful so thank you!

    We finally got the statement of reasons after 2 months and it seemed full of contradictory statements and didn’t explain how they came to the decision on a couple of descriptors I was questioning, but the DWP promptly decided to pay the award so we’ve left it at that. The thought of having to go through more stress for another year and potentially another tribunal just wasn’t worth it in the end. Plus the main descriptor I was flabbergasted by was engaging socially (4 points for social support) and trying to get my daughter to meet a solicitor was never going to happen, she’s barely able to leave the house, let alone speak to someone she doesn’t know.  
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