Won my LCWRA appeal. How likely is it the DWP will challenge this decision?

desbo2710

won my lcwra appeal..what i would like to know is what the likelihood is of the dwp challenging the decision. do they often challenge it

janer1967

Hi there 

Congratulations on the win 

It usnt often they challenge the decision  they may request a statement of reasons but then need to find an error in law in order to appeal the decision 

In most cases they don't challenge 

Cher_Alumni

Hello @desbo2710 and well done on the tribunal's decision.  That must be a relief.  Is anything in-particular causing you to worry about the decision being challenged?

As @janer1967 advised, challenges by the DWP are rare and only happen if it can be shown that there was an error in law in the making of the decision.  This doesn't guarantee the Upper Tier Tribunal would agree with the DWP either.  You can visit Scope's webpage on Appeal to the Upper Tribunal for more details about the process/examples of errors of law, but try not to be too worried   

You know where we are if you have any further questions.  Take care.  

desbo2710

Cher_Scope thanks the only concern I really have is the different dates UC are saying I first notified them of my condition. They said in the appeal bundle I first notified them Apr 2019. I didn't it was Jan 2020. Also I don't understand the 3 MTH waiting period. I do get pip at the lower rate and only needed one more point to get the higher rate, should I inform pip?  My pip was assessed July last year. I won my appeal for lcwra based on my mental health but the pip assessor said in her report she was going to give me an extra point but left it to the DM to decide. I know it's two different benefits but as I said do I inform pip of my tribunal outcome.thanks

calcotti

If you inform PIP of anything it will likely prompt a complete reassessment. Unless that is what you want, on the grounds that your health has deteriorated and you think you are entitled to more points, don't tell them.