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What happens next to my PIP?

MagarMagar Member Posts: 4 Listener
edited November 2019 in PIP, DLA and AA
I have received upper court letter stating DWP have accepted they have made an error in law I have filled in form that came with letter from upper court asking do I agree to judge’s decision. I said I agree and returned form. What does this all mean? And what happens next to my PIP

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Magar   Pleased to meet you welcome.

    Thank you for joining and sharing.

    I am going to tag my friend @poppy123456 . One of the team of community champions.

    I am one also but this lady has exceptional knowledge and expertise on any benefits, especially like this situation..

    I want you get the right information benefits are so confusing and complex.

    You could if you wish to speak to CAB they could advise you also just a suggestion.

    Understand how anxious you are and I sure @poppy123456 will be in touch shortly to help and offer any support, guidance.

    Please if there is anything else please ask. Happy to be supportive.

    Pleasure to meet you.

    Please take care.

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
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  • MagarMagar Member Posts: 4 Listener
    Thanks it’s a minefield I don’t know what to think next
  • mikehughescqmikehughescq Member Posts: 5,998 Disability Gamechanger
    You’re in the middle of a UT appeal. DWP have made their submission and have conceded that there is an error of law. The UT have now simply asked whether, in light of the DWP concession, you want the UT judge to issue a summary decision which will effectively give you the win but say no more than you won because DWP conceded, or, do you want the UT judge to go on to look at the case in full with full reasons?

    It may seem bonkers to do the latter but there are plenty of circumstances where it can be important. For example I took on a case where DWP conceded the win in part because they didn’t want to go on and look at whether a claim for ESA was a claim for one benefit or two (contributory and/or means-tested). Despite the concession I asked the judge to go on and look at the latter matter. The UT judge could have declined because it wasn’t strictly relevant to the decision at hand but they accepted my reasoning for asking. The subsequent detailed analysis put in place the key building block for all the payouts which have been made to those people who claimed contributory ESA and who weren’t (but ought to have been) assessed for means-tested ESA at the same time i.e. the decision I obtained accepted that a claim to ESA was a request to look at both aspects. 

    You’ve already said yes to a summary decision but that may have not been the best thing in your case so you really need representation.

    Coming back specifically to your case, the thing you’re asking is a pretty basic aspect of appealing to UT. If you weren’t aware of this then the question is really why you don’t have representation to handle this for you. If your case is going to be returned to a first tier hearing then you would be ill-advised have that second bite without having representation and, if you’re struggling with the basics of UT, you will struggle just as much at FTT. 

    It’s not perfect but have a look at https://advicelocal.uk/ to begin with. 


  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Magar, how are things going? I really hope the advice above has been helpful, but please let me know if there's anything else!
    Community Partner
    Scope

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