PIP, DLA and AA
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Tribunal decision appeal allowed - what does this mean?

tru88letru88le Posts: 137 Member
edited July 12 in PIP, DLA and AA
Appeal allowed, What does the term mean?
Google says  it means found in favour of the appellant which would then mean the award has been improved?
Or does it just mean the appeal was allowed to go ahead and be heard?
Would an appeal be allowed but the award under appeal stay the same?

Replies

  • janer1967janer1967 Member Posts: 11,008 Disability Gamechanger
    Hi

    I don't quite know what you are asking 

    Have you had a tribunal yet ? 

    If not it just means that the appeal has been approved by the court to go to tribunal 

    This doesn't mean the outcome award will be any different that is what the tribunal will decide 
  • mikehughescqmikehughescq Member Posts: 6,533 Disability Gamechanger
    It depends on whether we’re talking FTT or UT and also depends on who lodged the appeal. If DWP appealed and the appeal was allowed then that’s a very different outcome to a claimant appealing and the appeal being allowed.
  • Popdiva43Popdiva43 Member Posts: 125 Pioneering
    I just wanted to ask a question, if you appeal  decision and you ask to take it to tribunal, can the tribunal look at your case and say no before you get to appeal, and be in favour for the decision pip had originally given. 
  • mikehughescqmikehughescq Member Posts: 6,533 Disability Gamechanger
    Popdiva43 said:
    I just wanted to ask a question, if you appeal  decision and you ask to take it to tribunal, can the tribunal look at your case and say no before you get to appeal, and be in favour for the decision pip had originally given. 
    No. Not at all. Tribunal panel members review case papers at home before the hearing day and again prior to starting on the day in question. If their preview suggests an award without even getting to the hearing then they'll have a few questions on the day before making a positive decision. 

    If their preview suggests no entitlement then you carry on with the hearing and see what unfolds. 

    If their preview suggests that an existing award may need to be reduced or removed then you will be given a warning of this before your hearing starts. 

    So, if you appeal, there are no circumstances in which your appeal hearing doesn't happen unless the tribunal find wholly in your favour having discussed it in a preview on the day.

    Covid exceptions also mean cases have been triaged by judges sitting alone. If they can make an award they do. If they can't then the case goes to a full hearing. 

    The only circumstances in which you appeal and a hearing doesn't happen might be if you haven't made out the most basic grounds of appeal. So if your SSCS1 simply said "I think you're wrong" rather than "I think you're wrong because". Alternatively if you appeal against a decision which does not carry any right of appeal, which is increasingly the case with UC.  
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