Replies

• Peasmold_01 Member Posts: 144 Pioneering

  November 2018

  The Tribunal will inform DWP of their decision, which should include the length of time that you will receive the benefit for, before a review. The backdated date, if they issued one, and instructions to the DWP to pay any arrears due. However, the DWP will look at the Tribunal judgement, and if,and I mean If they consider the ruling by the Tribunal was flawed on a matter of law, they could appeal. However, yet again, they must appeal within 28 days, and it can only be on a matter of law, not the basic decision by the Tribunal.
  
  

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• poppy123456 Member Posts: 22,218 Disability Gamechanger

  November 2018

  Great news! However, the advice that DWP must appeal within 28 days is not correct here. DWP have 28 days to request the statement of reasons, not 28 days to appeal.
  

  Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  

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• Barlow88 Member Posts: 29 Connected

  November 2018

  So they can't take it away from me then 

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• Peasmold_01 Member Posts: 144 Pioneering

  November 2018

  The DWP cannot appeal the Tribunal Decision just because they do not agree with the decision. They can only appeal on a matter of law. If they believe the Tribunal has interpreted some element of the act incorrectly, or not taken cognisance of  an Upper Tribunal Ruling on a specific interpretation of the act, then they may consider an appeal. You will know within 28 days, from the date of the TRIBUNAL ruling, if they will be appealing, because THEY MUST INFORM YOU at the same time as they SEEK LEAVE TO APPEAL Hope this clears up any confusion. 

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• poppy123456 Member Posts: 22,218 Disability Gamechanger

  November 2018

  @Peasmold_01 DWP have 28 days to request the statement of reasons, this doesn't mean they can or will appeal.
  

  Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  

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• Ami2301 Community Co-Production Group Posts: 7,619 Disability Gamechanger

  November 2018

  Congratulations on winning your tribunal @Barlow88!

  Disability Gamechanger - 2019

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• Matilda Member Posts: 2,616 Disability Gamechanger

  November 2018

  Congrats, Barlow
  
  The DWP have 28 days to ask tribunal for a statement of reasons for their decision. If they ask for an SOR, when they receive this they will decide whether to appeal.
  
  But in practice DWP only ask for SOR in a minority of cases and it is rare for them to appeal.

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• affii1993 Member Posts: 97 Courageous

  November 2018

  Congratulations what did u get??

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• Barlow88 Member Posts: 29 Connected

  November 2018

  High rate of both 3 years 

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• Mikey44 Member Posts: 74 Courageous

  November 2018

  Congrats congrats Barlow well done,see knew you could do it 👋👋👋

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• Barlow88 Member Posts: 29 Connected

  November 2018

  @Mikey44 I was in a right state the panel were lovely and dwp wasn't there either 

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• Mikey44 Member Posts: 74 Courageous

  November 2018

  Well done the Panel are independent and Doctors most of them,so they Actually know how people are and you obviously were very strong and deserved your award 👏🏻👏🏻 Congrats again Now RELAX 😂😂

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• Barlow88 Member Posts: 29 Connected

  November 2018

  The Dr was lovely and yes I can breath lol.unless it happens again the judge was disgusted with the report from dwp 

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• debbiedo49 Member Posts: 2,906 Disability Gamechanger

  November 2018

  Awesome 😎 

  💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
  I am a fibro warrior !💜♏️

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• Barlow88 Member Posts: 29 Connected

  November 2018

  Had a letter today from dwp saying they got all the info from tribunal and now dwp are deciding weather to give me pip or not is this normal have any of you had same sort of letter 

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• poppy123456 Member Posts: 22,218 Disability Gamechanger

  November 2018

  https://community.scope.org.uk/discussion/52512/letter#latest
  
  

  Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  

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