After reading about other tribunals on here is, I'm not sure what a fault in law means — Scope | Disability forum
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After reading about other tribunals on here is, I'm not sure what a fault in law means

cjacs
cjacs Member Posts: 6 Listener
edited May 2019 in PIP, DLA, and AA
Hi everyone,
i recently won my pip tribunal (which I did not expect) I was awarded enhanced pip on both components. The Clark came out afterwards and said that he can almost guarantee that pip will ask for a statement of reason. 
Im not sure what that would entail as at my tribunal I was only asked 1 question then told to go get some air and when I got back they had made a decision.
my concern now is after reading about other tribunals on here is that I'm not sure what a fault in law means. My tribunal lasted not more than 8 minutes and it's creaking me out as now I think maybe they should have asked me more question .
has anyone else had this happen and what the actual outcome was.
thsnks in advance 

Comments

  • cjacs
    cjacs Member Posts: 6 Listener
    Sorry I should have said that I was claiming pip prior. I started out on enhanced then it went to standard. I was never entitled to moblity aa I only ever got 8 points. I went to my face to face consultation and was told afterward by letter than I was no longer entitled to pip. I asked for MR and was told the same. 
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    It is not uncommon for the DWP to ask for the SOR but seldom do they take it any further
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    edited May 2019
    Hi @cjacs I am surprised the Clerk said this to you - it is not at all their decision or job to give out such information.  As long as the tribunal can fully justify their decision then the DWP cannot challenge it further.  Let the DWP do the chasing and hard work if they want to.  The first stage would be for them to ask for a Statement of Reasons which they have 1 month to do.  After that they have one month to identify an error or law.  This could be for example that the facts they found in your case are not consistent with the decision they made, or that they failed to establish sufficient facts for some aspects of PIP.  The tribunal clearly felt there was sufficient information in the paperwork for them to reach their decision.  I appreciate it is a worry but unfortunately it is a case of waiting to see what happens - it might be that there is no challenge made by the DWP and the clerk has caused you this stress for nothing.  If the DWP do challenge the tribunal, then I would suggest you contact a local advice agency for further advice.  All the best, Sarah
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cjacs
    cjacs Member Posts: 6 Listener
    Thank you for replying I really appreciate it 
  • atlas46
    atlas46 Member Posts: 826 Pioneering
    Hi @cjacs

    I answered a similar question last week

    Either party can ask for s statement of reasons from the Tribunal, this is a neutral act.

    I reviewed how many cases the Sec of State for DWP over the last two years, has taken to the Upper Tribunal for PIP cases.

    The answer was nil.

    There was a couple of cases about DLA, the issue was about the residency in other member states or overpayments.

    I also suggested that the claimant should get a copy of SOR, for future references.

    Hope this helps.

  • cjacs
    cjacs Member Posts: 6 Listener

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