PIP, DLA and AA
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Will the DWP appeal?

Welshlad90Welshlad90 Member Posts: 84 Connected
edited April 2019 in PIP, DLA and AA
I won my pip tribunal on the 2nd April I was awarded standard daily living and mobility due to severe mental health problems. I rang DWP yesterday to ask if they received the courts decision and also about the backdating payments. They mentioned to me that they may appeal the decision so now I'm stressing that it could take weeks if not months to receive 1 payment never mind the backdating from last year.
Does anyone know any stats on how much % they do decide to appeal and is there anything I can do if they decide to take the biscuit with releasing any payments due to me. Thanks 

Replies

  • FetlockFetlock Member Posts: 79 Courageous
    The DWP have 28 days to ask for a statement of reasons from the judge. They don't often ask for one but they have the right to. The same right you also have, had you lost.
    I think it's taking around 6-8 weeks to put people back into payment so, unfortunately, you're unlikely to see any back payments for at least a month.
    The last step is that they contact you to check your bank account details are still current, and to ask if you have been in hospital or a care home for more than 28 days in the last 3 years, or in prison within the last 3 years or abroad in the last 3 years for more than 28 days. You could ring them in advance of them contacting you to provide these details then that's one step out of the way.

  • Welshlad90Welshlad90 Member Posts: 84 Connected
    I think I'll leave it another 2 weeks and maybe contact them and ask them if someone has looked at it to see if they are gonna agree or disagree with it. They are quick enough to take money off you but slow giving money too you 
  • twonkertwonker Posts: 617 Member
    . They are quick enough to take money off you but slow giving money too you 
    Not really, they have to be absolutely certain that you are entitled to it in the first place despite what the Tribunal may have said. There may well be legal errors in the judgement which need to be settled before payment can be made.

    You have the same rights if the Tribunal decision had gone against you.  
  • Welshlad90Welshlad90 Member Posts: 84 Connected
    Well I provided all the proof that I'm entitled it so cant see the problem. Legal errors? Only if there is a point of law error can they appeal. They cant appeal just because they simply disagree with the decision 
  • twonkertwonker Posts: 617 Member
    That's right the DWP will be looking for legal errors (point of law errors) to see if they can challenge the decision. For most cases they don't find any so will arrange for the award to be paid to you. As I have said, it is only reasonable that they have this opportunity because you would have the same opportunity if you had lost at the Tribunal.
  • Welshlad90Welshlad90 Member Posts: 84 Connected
    What defines point of law? Could it be quicker than 28 days for them to look at it?
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    To find an error in law you really need the advice of a trained legal professional. The DWP seldom proceed further than requesting the statement of reason and record of proceedings. It does usually take 5-8 weeks to put a decision into payment.


    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
  • Welshlad90Welshlad90 Member Posts: 84 Connected
    Dont understand most of the last reply to be honest but got to wait for someone to look at it now. Provided evidence for each statement I was awarded points for. Highly unlikely a judge would make a error in law from what I've been told. Mentally draining that I have fought 8 months to get this rectified just to have to wait up to another 2 months for it to be processed
  • Welshlad90Welshlad90 Member Posts: 84 Connected
    I won my pip tribunal on 2nd April backdated to July last year now I spoke to pip on the phone on the 16th to find out if a decision was made on weather they were gonna appeal stated that DWP have allowed tribunals decision with no review date backdated to July last year now I asked about the backdated payment and was told it was now in a queue with a case manage aka decision maker. why would a decision maker deal with processing payments? This has confused me
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I answered your other question with this.

    It's a decision maker that decides whether or not to request the Statement of reasons, if they do then they have 1 month from the date of the decision. Requesting this doesn't mean they will appeal because they can't appeal without finding the error in law. Payments can take 8 weeks after a Tribunal win.

    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.
  • Welshlad90Welshlad90 Member Posts: 84 Connected
    And I've said they have already decided they are not appealing what I wanna know is why would the case manager deal with payment processing?
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