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What does it mean about DWP requesting a full written statement from a tribute?

capbikercapbiker Member Posts: 4 Listener

Last On Monday 13th January, I want to a tribute to appeal DWP rejection to my pip application.  It was really stressful, and afterwards to be told that that I won.  It was a relief for me, but I got told that DWP could appeal the decision.

 

I just got home from work, and find a letter from DWP.  Stating that they are requesting an written statement of reasons.  To help them to make a decision on if it should appeal or not.  This has really upset me, because the letter doesn't explain in detail what it means.  I know that I won't be getting any pip payments.  I haven't had any payments since November 2018. So I have adjusted with out having it. 

 

What I don’t know, is this a common thing that DWP do?  Asking for a statement of reason. Or is it something that they do on a low percentage of appeals, that over turned their decision?

 

What does it mean for me, if they do decide to appeal it at the upper tribute?  Do I have to go through the humiliating process of having to sit in front of strangers again?  And having to answer questions again.  Some of them very personal, and degrading.  That you wouldn’t normally even consider discussing in front of strangers normally. 

 

What will the upper tribute be looking at exactly, if DWP does appeal it?

 

How long would it take to hear if DWP is going to appeal the decision, and would I get to know the reason why they are appealing it?

Replies

  • wilkowilko Member Posts: 2,182 Disability Gamechanger
    @bikecap, The DWP have 30 days to request their appeal, just llke you and I the DWP have the right to appeal. So you will have to sit it out. I am glad your budgeting has seen you OK and if all goes well you will should have a large arrears payment. 
  • mikehughescqmikehughescq Member Posts: 5,310 Disability Gamechanger
    The DWP have 30 days in theory to request a statement of reasons and a record of proceedings. In practice they have as long as they need as I’ve never heard of DWP being refused an out of time request. They make such requests fairly often and it’s not worth agonising over the reasons as they’re surprisingly mundane. It can be anything from the presenting officer taking offence at the outcome or being told off by. a judge through to simply wanting some insight into a different outcome. 

    They generally won’t pay up until such time as they’ve had a chance for their legal section to look at it. The biggest delay currently is HMCTS actually sending the request to the judge. Some cases will proceed to upper tribunal but must don’t. They’re looking for an error of law rather than an error of fact. 

    I could take you through the whole process but there’s no point at this stage. 
  • capbikercapbiker Member Posts: 4 Listener
    I thought I would provide an update on my above post.

    I received an copy of the written statement from the tribute last week.  And this afternoon, I received an telephone call from DWP.  My first thought was, what did they want.  After answering some security questions.  They explained that they have received the requested statement and have accepted the tribute decision.  They will be entering it onto the system. 

    They asked me if I have been in prison, hospital or out of the UK since the disability living allowance had stopped.  Back towards the end of 2018.  I confirmed no to those questions.

    They confirmed that the award will be back paid to when it was stopped, and I should be getting the money into my bank account within the next 5 working days.  And they will be sending out an letter confirming everything.

    It is such a relieve to know that it has been sorted out, for the next 5 years.  But I will have to do it all again then, of which is a bit of a downer.  But at least I know, what they are looking for in the future.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @capbiker, I'm glad to hear things worked out in the end. :)
    Community Partner
    Scope

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  • donnap79donnap79 Member Posts: 36 Listener
    Ah I’m so glad this turned out well for u in the end it’s very stressful going threw it and I know that’s a lot of the reason ppl give up going threw it including my family threw the appeal process but it’s nice to hear you had a good out come in the end 
  • mikehughescqmikehughescq Member Posts: 5,310 Disability Gamechanger
    I love that these dimwits still ring people and ask the people they’ve called to answer security questions to prove who they are. Wrong way round! 
  • CressidaCressida Member Posts: 681 Pioneering
    I love that these dimwits still ring people and ask the people they’ve called to answer security questions to prove who they are. Wrong way round! 
    @mikehughescq I can never understand that! I always query it at the time saying well you called me! It always feels a bit like you are about to be scammed by giving out personal info 🙂
  • mikehughescqmikehughescq Member Posts: 5,310 Disability Gamechanger
    I had a colleague who, as a debt adviser, would regularly receive both scam credit calls, scam PPI calls and legit DWP or similar calls. She challenged them each time and on one famous occasion lodged a complaint against DWP, giving them a stark choice. 

    Either they had information about her which was inaccurate (in which case she’d take a case against them via the ICO for its removal/updating) or the information was 100% accurate and therefore there was no need for the security questions. They backed off and the next time they called she was able to refer them to the notes on the system and they put her on hold before moving quietly onto the thing they’d rung about in the first place!

    To hammer home the point on another occasion we put a completely different colleague on; didn’t give them answers to her security questions and she was able to nevertheless persuade them that she was our other colleague. 

    It is, frankly, a mess.
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