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pip tribunal won then bad news

shazzer5
shazzer5 Member Posts: 18 Listener
hi all.. after 14months of wait we won tribunal on 9th this month..stressfull isnt the word we been through..so we was happy we won but then.... dwp say they are appealing the tribunal an asking for statemnt of reason from tribunal..
we are dumbstruck as thought thats it at tribunal and get all backpay back ...
anybody here at all had this happen to them plzz
does this mean we might lose benefit altogether an go through stress of starting again
any help plzzz would be nice
thanks
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Comments

  • lindadenise
    lindadenise Member Posts: 302 Pioneering
    DWP ask for statement of reasons but they can only appeal if they find a error of law. I hope that helps.
    Goodluck
  • markyboy
    markyboy Member Posts: 367 Pioneering
    They cannot say yet that they are appealing it's to early they are only asking for a statement of reasons but unless they can find a error of law they cannot appeal
    Just hang in there and think the longer they drag it out the more back pay you will get
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    thanks people for help..
    but what is a error in law, surely a judge cant make a error
    i just hope they dont appeal then..will keeep u updated
    thanks
  • poppy123456
    poppy123456 Member Posts: 28,414 Disability Gamechanger
    It can and does happen. DWP have as much right to appeal the decision as we do. It can take 8 weeks to pay you any backdated money.
  • Barney18
    Barney18 Member Posts: 7 Listener
    Hi Shazzer5, I would try not to worry. 

    I was in this position recently and nearly lost my mind with the stress and second guessing everything. I spent weeks calling the tribunal service trying to hurry the judge up with providing the statement of reasons, which took a few months in the end. Once the DWP had the statement of reasons they made the payment really quickly. I think they ask for this to see the reasons people have been given an award and make sure it’s correct, which is nearly always going to be the case following a tribunal. 

    Hang in there, you will get it sorted, it’s just going to take a bit longer than originally thought :) 
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    Hi barney.
    thanks for yr info..it is very stressful .making people wait longer than they should have too .
    hope we don't have to wait months for judge .i too will keep ringing them .
    hopefully all turn out good in end.
    ty again
  • teejays1617
    teejays1617 Member Posts: 92 Courageous
    Hi Shazzer 
                       I agree with most of the fellow readers that even though they might try to appeal the tribunal if medical professionals have backed up your evidence of
    illnesses and disabilities ,the judge that decided you won the tribunal will not change his decision . Hang on in there . I believe with fellow readers that you will win. Lets hope so  
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    Update...
    dwp have sent sor to tribunal which they received on 14 Jan..
    how long we Gotta wait now till judge sends back to dwp ..do judge have time limit to send bk sor to dwp..
    any help on this 
    thanks
  • poppy123456
    poppy123456 Member Posts: 28,414 Disability Gamechanger
    Do you mean the DWP have requested the SOR? DWP can't send the SOR to the Tribunal because it comes from them. If this is what you mean then DWP have 1 month to request it, there's no time scales for HMCTS to respond and send it.

    I really wouldn't worry at this stage as advised, they've just requested the SOR. Payments can take 8 weeks after a Tribunal win.
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    Hi poppy yes that what i meant.
    Just so annoying we gotta wait till dwp recieve sor .then wait for them to decide if they taking further after reading sor.
    Thanks
  • Cazann
    Cazann Member Posts: 83 Pioneering
    Hi shazzer. I am pleased that you have won your appeal after all that waiting. I'm sure that it will sort itself out and you will get your award.
    I am going to my tribunal tomorrow afternoon and to say that I'm nervous is an understatement. How did yours go and if you don't mind me asking,what sort of questions did they ask you?
    Thanks for any info. xx
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    Cazann hi
    It was ok.obviously stressfull.
    They were very nice people only 3 at table.
    They ask questions about the assesment parts.an was question from back to oct 2017 not about how i am now.
    Good luck for tomoz
  • shazzer5
    shazzer5 Member Posts: 18 Listener
    Cazann said:
    Hi shazzer. I am pleased that you have won your appeal after all that waiting. I'm sure that it will sort itself out and you will get your award.
    I am going to my tribunal tomorrow afternoon and to say that I'm nervous is an understatement. How did yours go and if you don't mind me asking,what sort of questions did they ask you?
    Thanks for any info. xx
    Hi cazann how u get on
  • rainbow58
    rainbow58 Member Posts: 103 Connected
    tribunal refused my PIP .said although i have conditions listed -they do not affect my limitations.Scored zero points.which i am certain they took from assessor report-niot what they were told on the day.
    i use aids to dress ,take meds,eat=open cans jars etc,to get around thev house-grab rails,cant get out of the bath,have carer who washes and dries my hair,prepares meals,makes cup of tea.cant use my oven safely-confusion over rin gs-several fires and one major housefire as a result of leaving pans unattended-thru distraction-not turning ring off and leaving oven on when out,cannit walk without pain stiffness fatigue breathlessness and abdominal pain back pain -need to keep stopping to rest.cant do housework-use long handled brushes etc,long handled poop scoop.aid to clean myself as cant reach,cant cut toe nails,have RA in hands -cant hold anything for long -ie pen or walking stick.
    on self test and by AGEUK and CAB ,I was scored 24 points for care and 22 for mobility,i have been on IB/ESA and DLA since 1998 -ill since 1994.dont suddenly get better justv because they decide i am not entitled to PIP based on lies told by assessor.have got worse since 2009.
    said only step is upper tribunal if there is an "error in law" -what is "an error in law"?
  • rainbow58
    rainbow58 Member Posts: 103 Connected
    shazzer5 said:
    Cazann hi
    It was ok.obviously stressfull.
    They were very nice people only 3 at table.
    They ask questions about the assesment parts.an was question from back to oct 2017 not about how i am now.
    Good luck for tomoz

    my dla was stoipped in oct 2017,tribunal stated they were only interested up to that date-but interrogated like a criminal-asked re after this time-dids not refer to the lies and **** in the assessor report-nor accept anything i told them -asked ridsiculous questions like "why is the photo on your travel permit an old one"?I said it was not-it is how my face has changed due to my conditiions.


  • poppy123456
    poppy123456 Member Posts: 28,414 Disability Gamechanger
    @rainbow58 you need to request the statement of reasons and record of proceedings from HMCTS and take both of these to an advice centre near you. If no error in law is found then you won't be able to appeal the decision.
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger

    What is an Error of Law?

    When appealing a Tribunal Decision to the Upper Tribunal, you need to show that there has been an Error of Law.

    Commissioners Decision R(A)1/72 states that there is an error of law if:

    1. The decision contains a false statement about the law e.g. they got the law wrong or misinterpreted it. 
    2. The decision made is supported by no evidence 
    3. The facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question (a perverse decision).
    4. There has been a breach of natural justice, i.e. the procedure followed leads to unfairness.
    5. The tribunal did not give proper findings of fact or provide adequate reasons for its decision. There must be sufficient reasons so that you can see why it reached the decision it did.

    “The minimum requirement must at least be that the claimant, looking at the decision, should be able to discern on the face of it why the evidence has failed to satisfy the authority”

    See also R(I)14/75 which states that a decision would be wrong in law if it was in breach of the requirements of natural justice or failed to state adequate reasons.


    Be all you can be, make  every day count. Namaste
  • rainbow58
    rainbow58 Member Posts: 103 Connected
    @rainbow58 you need to request the statement of reasons and record of proceedings from HMCTS and take both of these to an advice centre near you. If no error in law is found then you won't be able to appeal the decision.
    i have done that -AGEUK forwarded m e a letter to send-a week will have gone by of the month they give you to appeal -got the letter two days after it was dated and now a bank holiday-the CAB not open til wednesday and i won t get an appt straightaway-by the time i receive the SOR etc -most of the month will be gone,feel it is deliberate not to pay me 20 months backdated PIP.
  • rainbow58
    rainbow58 Member Posts: 103 Connected

    What is an Error of Law?

    When appealing a Tribunal Decision to the Upper Tribunal, you need to show that there has been an Error of Law.

    Commissioners Decision R(A)1/72 states that there is an error of law if:

    1. The decision contains a false statement about the law e.g. they got the law wrong or misinterpreted it. 
    2. The decision made is supported by no evidence 
    3. The facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question (a perverse decision).
    4. There has been a breach of natural justice, i.e. the procedure followed leads to unfairness.
    5. The tribunal did not give proper findings of fact or provide adequate reasons for its decision. There must be sufficient reasons so that you can see why it reached the decision it did.

    “The minimum requirement must at least be that the claimant, looking at the decision, should be able to discern on the face of it why the evidence has failed to satisfy the authority”

    See also R(I)14/75 which states that a decision would be wrong in law if it was in breach of the requirements of natural justice or failed to state adequate reasons.


    what is all this in plain english-they clearly did not accept anything I nor AGEUK /the CAB told them.According to the PIP test -as per AGEUK and CAB-I scored 24 for care and 22 for mobility,I told them I cannot plan or undertake unfamiliar journeys as cause panic attacks -rely on others to take me -ie hospital appts .Cant walk 20-50 metres without pain breathlessness stiffness fatigue abdominal pain.To say that they recognise I have my conditions but not how my conditions affect me as has been the case for the last 21 years with the DWP-IB/ESA/DLA.is unacceptable,
  • poppy123456
    poppy123456 Member Posts: 28,414 Disability Gamechanger
    You have 1 month to request the SOR, it's not 1 month to appeal. From the time you receive the SOR it's 1 month.

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