Is it possible to withdraw my appeal?

chiarieds

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.

Dipsydee

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.

chiarieds

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.

Dipsydee

Thank you so much. You have been a great help.

chiarieds

You're most welcome

Dipsydee

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.

poppy123456

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. 

Dipsydee

Thank you.

Dipsydee

Hi

I was just looking at this previous post and noticed I hadn't updated on the outcome of my pip process, which I think is a good thing to do for yourselves and your members.

I was very scared of the whole tribunal thing and was considering not doing it, but I bit the bullet (with the help and support from you) and put in for it anyway.

Then a few months later I got a text from HMCTS to say that the dwp had looked a my claim again and had changed their decision in my favour. This was a relief but I didn't yet know what the change was.

The had changed from standard on both with a 5 year review to enhanced on both and a 10 year review.

This was a real relief but I do still worry all the time incase they do an earlier review at any point, which they can obviously do. I dread having to go through all that again.

Thank you Poppy and all at Scope for all the advice and reassurance you give to me and all the members.

Thanks again and keep up the good work. Well done everyone.

Bluebell21

Great news. Well done @Dipsydee

Dipsydee

P.s. the 10 year review is, I think, because I was approaching pension age.

chiarieds

Delighted to hear your good news @Dipsydee - thank you for letting us all know about such a positive outcome 😊