Remaining politically neutral during General Election 2024


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Statement of Reasons

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LilyD
LilyD Community member Posts: 10 Listener
We won the tribunal few weeks ago and now we received a letter that DWP is going to ask SOR, I have read some posts about SOR but still bit confused. DWP representative was there during the tribunal, does it make it more likely for them to appeal? What to expect now? I am aware that they have 28 days to ask for SOR which they have done on time, but I don't know how many weeks will they receive SOR from the court and as they will have another month to make the decision to appeal or not after receive the SOR from the court, does it mean we still have to wait for many months until we can get the payment? on court letter the payment will be reviewed after 5 years, does it mean DWP can't change it? Does it normal for DWP to request SOR? Do they take it further often? It has been a nightmare the whole thing! Thanks for the advice in advance!

Comments

  • poppy123456
    poppy123456 Community member Posts: 57,028 Disability Gamechanger
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    HI,

    Asking for the SOR doesn't mean they will appeal, it just means they're asking for it. To be able to appeal they have to find an error in law. There's no timescale how long it will take HMCTS to send the SOR.

    They do sometimes request the SOR but how often they appeal i have no idea.

    Unfortunately, there's nothing more you can do but wait. Hopefully it won't be too long.
    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.
  • atlas46
    atlas46 Community member Posts: 826 Pioneering
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    Hi @LilyD

    Requesting a copy of SOR, is nothing to worry about, either party can do this.

    I would suggest it would be useful for you to get a copy, so you can see the reasons why you won the case.

    If I was advising DWP, I would tell them to always get a copy and use them as a learning tool. As over 74% of these appeals are found in favour of the claimants.

    Hi @poppy123456

    Hope you are well.

    In respect of the number of appeals going to the Upper Tribunal on behalf of the DWP.

    I have just checked the Balii law library, where these are posted, for public viewing.

    In 2018 there was 5 cases appealed by DWP and in this year 2 cases so far.

    Also bare in mind these involve all types of benefits.

    Therefore in view of the number of benefit claim across the state, DWP hardly ever appeal.

    Another important factor of the cases above the UT send them back to the first tier tribunal for a full hearing.

    Hope this is of some assistance.

    Best wishes.
  • poppy123456
    poppy123456 Community member Posts: 57,028 Disability Gamechanger
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    Thanks for that information. I thought it was rare but i didn't want to advise that without knowing for sure.
    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.
  • LilyD
    LilyD Community member Posts: 10 Listener
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    Thank you all for the information! It's very helpful to us! Guess now the only thing we can do is just wait for it, we really hope DWP won't appeal... I have to say, they do try their best to not give people who deserve the benefit...
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