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Tribunal won

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Barlow88
Barlow88 Community member Posts: 29 Connected
Won my pip tribunal today what happens next 

Comments

  • Peasmold_01
    Peasmold_01 Community member Posts: 144 Pioneering
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    The Tribunal will inform DWP of their decision, which should include the length of time that you will receive the benefit for, before a review. The backdated date, if they issued one, and instructions to the DWP to pay any arrears due. However, the DWP will look at the Tribunal judgement, and if,and I mean If they consider the ruling by the Tribunal was flawed on a matter of law, they could appeal. However, yet again, they must appeal within 28 days, and it can only be on a matter of law, not the basic decision by the Tribunal.

  • poppy123456
    poppy123456 Community member Posts: 57,114 Disability Gamechanger
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    Great news! However, the advice that DWP must appeal within 28 days is not correct here. DWP have 28 days to request the statement of reasons, not 28 days to appeal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Barlow88
    Barlow88 Community member Posts: 29 Connected
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    So they can't take it away from me then 
  • Peasmold_01
    Peasmold_01 Community member Posts: 144 Pioneering
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    The DWP cannot appeal the Tribunal Decision just because they do not agree with the decision. They can only appeal on a matter of law. If they believe the Tribunal has interpreted some element of the act incorrectly, or not taken cognisance of  an Upper Tribunal Ruling on a specific interpretation of the act, then they may consider an appeal. You will know within 28 days, from the date of the TRIBUNAL ruling, if they will be appealing, because THEY MUST INFORM YOU at the same time as they SEEK LEAVE TO APPEAL Hope this clears up any confusion. 
  • poppy123456
    poppy123456 Community member Posts: 57,114 Disability Gamechanger
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    @Peasmold_01 DWP have 28 days to request the statement of reasons, this doesn't mean they can or will appeal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Ami2301
    Ami2301 Community member Posts: 7,935 Disability Gamechanger
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    Congratulations on winning your tribunal @Barlow88! :)
    Disability Gamechanger - 2019
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
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    Congrats, Barlow

    The DWP have 28 days to ask tribunal for a statement of reasons for their decision. If they ask for an SOR, when they receive this they will decide whether to appeal.

    But in practice DWP only ask for SOR in a minority of cases and it is rare for them to appeal.
  • affii1993
    affii1993 Community member Posts: 103 Courageous
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    Congratulations what did u get??
  • Barlow88
    Barlow88 Community member Posts: 29 Connected
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    High rate of both 3 years 
  • Mikey44
    Mikey44 Community member Posts: 74 Courageous
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    Congrats congrats Barlow well done,see knew you could do it ???
  • Barlow88
    Barlow88 Community member Posts: 29 Connected
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    @Mikey44 I was in a right state the panel were lovely and dwp wasn't there either 
  • Mikey44
    Mikey44 Community member Posts: 74 Courageous
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    Well done the Panel are independent and Doctors most of them,so they Actually know how people are and you obviously were very strong and deserved your award ???? Congrats again Now RELAX ??
  • Barlow88
    Barlow88 Community member Posts: 29 Connected
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    The Dr was lovely and yes I can breath lol.unless it happens again the judge was disgusted with the report from dwp 
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
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  • Barlow88
    Barlow88 Community member Posts: 29 Connected
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    Had a letter today from dwp saying they got all the info from tribunal and now dwp are deciding weather to give me pip or not is this normal have any of you had same sort of letter 
  • poppy123456
    poppy123456 Community member Posts: 57,114 Disability Gamechanger
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    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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