Tribunal won

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Barlow88
Barlow88 Online Community Member Posts: 29 Connected
Won my pip tribunal today what happens next 

Comments

  • Peasmold_01
    Peasmold_01 Online Community Member Posts: 144 Empowering
    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.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    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.
  • Barlow88
    Barlow88 Online Community Member Posts: 29 Connected
    So they can't take it away from me then 
  • Peasmold_01
    Peasmold_01 Online Community Member Posts: 144 Empowering
    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. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    @Peasmold_01 DWP have 28 days to request the statement of reasons, this doesn't mean they can or will appeal.
  • Ami2301
    Ami2301 Online Community Member Posts: 7,877 Championing
    Congratulations on winning your tribunal @Barlow88! :)
  • Matilda
    Matilda Online Community Member Posts: 2,592 Championing
    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.
  • affii1993
    affii1993 Online Community Member Posts: 103 Contributor
    Congratulations what did u get??
  • Barlow88
    Barlow88 Online Community Member Posts: 29 Connected
    High rate of both 3 years 
  • Mikey44
    Mikey44 Online Community Member Posts: 74 Contributor
    Congrats congrats Barlow well done,see knew you could do it ???
  • Barlow88
    Barlow88 Online Community Member Posts: 29 Connected
    @Mikey44 I was in a right state the panel were lovely and dwp wasn't there either 
  • Mikey44
    Mikey44 Online Community Member Posts: 74 Contributor
    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 ??
  • Barlow88
    Barlow88 Online Community Member Posts: 29 Connected
    The Dr was lovely and yes I can breath lol.unless it happens again the judge was disgusted with the report from dwp 
  • debbiedo49
    debbiedo49 Online Community Member Posts: 2,890 Championing
    Awesome ? 
  • Barlow88
    Barlow88 Online Community Member Posts: 29 Connected
    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