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28 days after winning tribunal no SOR
melissahicking2019
Member Posts: 125 Courageous
I have a small question . Recently my friend won his tribunal appeal on the 17th may exactly 27days today.
We we have been in touch with the DWP last rang them this Monday and the case is still with the appeals team.
we asked about any chance that DWP would appeal and they only say that they have 28days / 1 month to do so but there was nothing on computer about it. no letters have been sent either.
1 month date is on Monday the 17th but 28days would be tomorow.
I guess what I'm asking is would the DWP of made us aware if they where going to appeal .
Do they have to send a letter out and is it 28days from day of tribunal or a month making the deadline the 17th June.
Im hoping that they are not asking for an SOR and that it's very unlikely considering there is only 3 days or 1 day left for the letter to of arrived if they had of been requesting an SOR.
if there's no letter by Monday can I tell my friend to expect his payment shortly and that there's no chance of appeal now and so we can all rest.
thank you for any advice.
We we have been in touch with the DWP last rang them this Monday and the case is still with the appeals team.
we asked about any chance that DWP would appeal and they only say that they have 28days / 1 month to do so but there was nothing on computer about it. no letters have been sent either.
1 month date is on Monday the 17th but 28days would be tomorow.
I guess what I'm asking is would the DWP of made us aware if they where going to appeal .
Do they have to send a letter out and is it 28days from day of tribunal or a month making the deadline the 17th June.
Im hoping that they are not asking for an SOR and that it's very unlikely considering there is only 3 days or 1 day left for the letter to of arrived if they had of been requesting an SOR.
if there's no letter by Monday can I tell my friend to expect his payment shortly and that there's no chance of appeal now and so we can all rest.
thank you for any advice.
Replies
The simple answer is the DWP would not go to the UT to appeal the case.
The claim should be in payment shortly, tell your friend to keep an eye on their bank account, as monies often arrive, before award letter.
However , we are still none the wiser and still have a few burning unanswered questions.
1.Would we of received a letter by now if the DWP had any intention of asking for a SOR as we are now on the 28th day.. (Can the DWP ask for the SOR after 28 days)
2.Would the DWP be obliged to inform us of there intentions.
3. If they where intending on asking for an SOR would they of informed us by now (day 28) or would they just not tell us for us to receive a letter after the 28day deadline telling us they have requested an SOR.
me and my friend are just very paranoid that the DWP could be requesting a SOR behind our back
But when we rang them this monday they said there was nothing on computer about SOR or appeals other thabn his case was still with the appeal team.
We just cant help but worry after hearing so many horror stories.
We are hoping that the 28day deadline means that they have 28 days to INFORM THE CLAIMENT of thier intentions to request an SOR ect.
Also we found out on monday that the DWP received the courts Bundle on the 4th june
But they received the tribunal decision on the 21st of may 3 days after the tribunal which took place on the 17th of May.
So does the DWP have 28 days
from the 4th of june
or
the 21st of may
or
the 17th of may.
And would they have to inform us in any case.
Or could we still receive a letter after the 28 day deadline because the DWP made there decision to request an SOR (lets say on the 26th day after tribunal)
I hope you can see our frustrations but Thanks again.
So can we say that if we have not received any letter by the 17th of june then they would not be requesting the SOR and my frioend can rest easy and simply await his payments.
Or should we still wait further after that date as the DWP could send us a letter after the 17th of june stating they requested a SOR on the 16th of june ect..
Thank you.
Until i tell him that he finds a new question for me every time i see him..
But thanks for everybodys help.
No the DWP will not appeal and you need to wait till payments are in play.
Whilst I understand frustrations are at play, we can only give you the facts as we see them.
You may wish to seek face to face advice, from say CAB, if you feel you need further guidance and support.
With best wishes.
Thank you for your reply, unfortunately i and my friend lack the experience and knowledge to share your confidence. But i will again inform my friend what you have suggested, Im sure he will find another question for me though lol.
Thanks again.
Please do no think I am being patronising to you and your friend.
All I am trying to do is ease your concerns, the DWP is the most patronising organ of state.
Why I am so sure that the DWP will not appeal, because Upper Tribunal(UT) are made public and I have taken the trouble to review these UT decisions over the past two years. There has been no appeals by the DWP, because at the UT the DWP has had a good kicking and lost badly.
Please feel free to ask as many questions as you feel fit, we are all on this forum to help one and another.
Disability has (unfortunately) has no boundaries.
From the date of a WON Tribunal 🤯👍 do they count the weekends in the 1 month they can ask for the SOR or just working days? Need to get my dates right so i can ring the day after IF not heard anything.
Thanks in advance for advice. #keepupthefight 💪
1 - phoning DWP looking for a definitive answer in the 4 week period in these circumstances is a fools errand in the sense that you’re going through to a call centre who can tell you no more than it’s with the legal team or it’s not. If the latter decide to not request anything then the only indication someone in a call centre will get of that is that payment is being organised and as may call centres are outsourced they won’t even see that. There is no way to predict whether that will be within or outside the 4 weeks. See also 3 below.
I’m genuinely sorry to say this but it’s misleading to suggest that if nothing has happened by day 29 then you’re definitely in the clear and can expect payment. In most cases that will almost certainly be true just because the number of DWP appeals are relatively low but you cannot assume it to be so.