Helo with what to do next after winning pip appeal but dwp considering second appeal

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dodo76
dodo76 Online Community Member Posts: 46 Contributor
in PIP, DLA, ADP and AA
Hu everyone 
Just wondering if anyone had any help adivce 
End of April 2017 my parter won is pip appeal after 8 months of waiting all the time we were in court on tge appeal day not once did the rep from the dwp question any legality of our claim like i said we won two week later mid may we get a letter from the dwp saying no payment would be made as they had wrote to the court for a statement of reason nwere considering takibg it back to courtto upturn ruling , its now 29 days one day passed the legal time for them to get the statement of reason , we have not heard from the dwp just wondering if anyone elseis having the same issue and would wellcome any help advice 
Can't tell youhow stressfull it as become 

Comments

  • wildlife
    wildlife Online Community Member Posts: 1,289 Trailblazing
    edited June 2017
    @dodo76
      I haven't been to appeal but from what I've read about other people's experiences this sounds like the routine that DWP go through when someone has won. It takes about 6/8 weeks for payments to start but the first thing you hear is the letter you got from DWP informing you they may appeal against the courts decision and that they have 28 days or a month (not sure which) to do so. What you need to know to make you feel better is that the DWP can only appeal the court's decision on a point of law in other words if the tribunal had not kept to the rules when making their decision. This is highly unlikely to have happened and it is rare for DWP to be able to appeal and if they do they have to then win the appeal. The statement of reasons they refer to is only the information they use to decide whether they CAN appeal. I think they also have to inform you within that same timescale if they're going to appeal so by now you should be safe. Benefit advisors will be around tomorrow to confirm or correct anything I've said. Hope that has helped to ease your minds a little.. 
  • Matilda
    Matilda Online Community Member Posts: 2,592 Championing
    @dodo76

    As there was a DWP rep at your tribunal then there is more chance of them appealing than if there were no DWP rep present.  But, as @wildlife says, DWP can only appeal on a point of law and it is rare for a tribunal to make an error of law.

    I suggest that you re-post in 'Ask a benefits advisor' category for a full explanation.
  • dodo76
    dodo76 Online Community Member Posts: 46 Contributor
    Thank you guys for all your help and advice , i will repost and ask the benifits advisor 
    Like i said the 28 days were up in Friday so i guest it niw a case of waiting to see what the next week brings , many thanks to all x
  • Candyfloss
    Candyfloss Online Community Member Posts: 34 Listener
    Candy floss here to reassure you and to reiterate what has been said .No more worries for you God bless.
  • dodo76
    dodo76 Online Community Member Posts: 46 Contributor
    Candyfloss 
    Many thanks for your comments 
    Will post any news when we know 
  • dodo76
    dodo76 Online Community Member Posts: 46 Contributor
    We have to go to upper level so sadly we are in for a long wait again its almost 18 months since we had dla payments stopped and we are like many still no closer to getting things sorted even through we have won the first court round my parter as not git any better and the stress as taken its toll on us both health wise so far the time been we dont think about the up and coming case as we dont get the chance to say anything to the judge its totally out of our gands this next hearing we are the only people we know that are facing this as others who faced the same battle have won like us and the dwp paid up i personaly feel that our issues are totally down to lack of understand about my partners health issues and how it affects him even through it as been fully explaine in person and on paper and that the first court agreed with us strongly  as soon as i have any news to tell i will post 
    To all those facing the same thing hang in there guys 
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,761 Championing
    I'm so sorry to hear about your ongoing situation @dodo76, and especially that it's taken its toll on both you and your partner. You're doing a great thing by sharing your story with others, and I really hope that your upcoming hearing gives you the outcome you're hoping for. Keep us updated, and we'll do what we can to support you. I'm sure the Online Community are all rooting for you too!
  • dodo76
    dodo76 Online Community Member Posts: 46 Contributor
    Many thanks pipascope 
    We are hoping that by writing about the issues we are having with pip that we wiĺl give others hope and strength to carry on with the battles and show the dwp that those that need help will not be pushed around and struggle because they make a set of rules that dont allow people with illness or disabilitys to explaine how their issues affect life and living all in the name of making what they say is a better system 
    Well the figures show this is not the case just maybe the powers that be in the dwp will start to take notice we can all live in hope i guest hay guys 
    Stay stronge 

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