Is it possible to withdraw my appeal? - Page 2 — Scope | Disability forum
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Is it possible to withdraw my appeal?

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  • chiarieds
    chiarieds Community member Posts: 16,114 Disability Gamechanger
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    Hi again @Dipsydee - should the DWP challenge a tribunal's decision, they would have to do exactly the same as you (should you challenge it), & have to find an error of law in order to proceed. They'd similarly have to request from HMCTS a 'statement of reasons,' & a 'record of proceedings' in order to try & find such an error in law.
    You can appeal, & cancel at any time without any problem.
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  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
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    Thanks again. Sorry again too. Every answer brings another question. So do DWP only get the actual "result/decision" from HMCTS regarding the hearing, not the "record of proceedings" of the hearing.Obviously DWP know this information if they attended the hearing. Thank you again.
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  • chiarieds
    chiarieds Community member Posts: 16,114 Disability Gamechanger
    edited October 2023
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    The DWP will get the tribunal's decision the same as a claimant. There's very rarely anyone from the DWP present. Like a claimant if they disagreed with the tribunal's decision, then they would have to ask HMCTS for the 'record of proceedings' & the 'statement of reasons' to see if there's any error in law without which neither the claimant nor the DWP could appeal to an Upper tribunal. Don't worry about asking questions, it's absolutely fine. :)
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  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
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    Thank you so much. You have been a great help.
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  • chiarieds
    chiarieds Community member Posts: 16,114 Disability Gamechanger
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    You're most welcome :)
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  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
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    Hi. I have applied for a tribunal hearing and have a question. I was awarded standard on both on review and M.R but i think i should have got enhanced on both (i did submit gp and consultant letters confirming my poor mobility and pain etc). If I get a call from dwp making an offer prior to hearing and I don't agree with it, but I accept it and still appeal. Will any increase (if awarded) be backdated to the original appeal or the second appeal.
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  • poppy123456
    poppy123456 Community member Posts: 54,403 Disability Gamechanger
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    Dipsydee said:
    Hi. I have applied for a tribunal hearing and have a question. I was awarded standard on both on review and M.R but i think i should have got enhanced on both (i did submit gp and consultant letters confirming my poor mobility and pain etc). If I get a call from dwp making an offer prior to hearing and I don't agree with it, but I accept it and still appeal. Will any increase (if awarded) be backdated to the original appeal or the second appeal.
    If DWP make an offer (though it’s rare) then you can accept that offer and your current appeal will lapse. 

    Wait for the award to be put into payment and then you can request another Tribunal. If the Tribunal award in your favour then you’ll be owed the difference from when the original decision took place because it will be that decision they are looking at. 
    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.
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  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
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    Thank you.
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