PIP, DLA and AA
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Won PIP but can the DWP appeal?

Hampden1940Hampden1940 Member Posts: 1 Listener
edited February 2019 in PIP, DLA and AA
I have just been to my daughters tribunal hearing, my daughter has a learning disability and really bad epilepsy, she takes over a thousand m.g of tablets a day. She used to get  disabilitie allowance, then when it changed to P.I.P they decided epilepsy was not a disability, even though she is worst now, I decided to appeal and 2 years down the line, it went to tribunal,this has all been very nerve racking, they decided that my daughter should have her pip  back, and should be back dated, this has caused my daughter real stress, doesn’t help with epilepsy, we recently loved her dad, so now playing the waiting game to see if they are going to appeal.

Replies

  • GeraldGerald Member Posts: 214 Pioneering
    Hi Hampden1940  and welcome to the community
  • Adam_AlumniAdam_Alumni Scope alumni Posts: 164 Pioneering

    Hi @Hampden1940

    Thank you for sharing with us.  Congratulations on regaining the PIP payments. You may be interested in our PIP discussions.

    Many of our members have had similar experiences with the tribunal system. It may be worth ringing the DWP for clarification on their intentions. Alternately  one of our members will be able to help!

  • Paulines7Paulines7 Member Posts: 18 Listener
    The DWP have 28 days in which to appeal against the Tribunal's decision.  My son's support worker said that she had never known them appeal against the Court's decision and thinks it's a deliberate ploy to hang on to the money a bit longer though they have to pay it eventually and include any back dated money.  My son's appeal board consisted of a judge, a doctor and a psychologist and the session was well over an hour long.  I don't see how the DWP could be successful in an appeal against these three professionals on the board.  It would be ridiculous for them to do it and cost even more money in the long term.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The DWP have the same right of appeal as we do. They have 28 days to request a statement of reason from the judge. To ask for leave to appeal to the UTT, the DWP must identify an error in law . They often ask for a SOR but seldom take it any further
    Be all you can be, make  every day count. Namaste
  • poppy123456poppy123456 Member Posts: 22,985 Disability Gamechanger
    They don't have 28 days to appeal. They have 28 days to request the statement of reasons. Once they receive this they must find an error in law. They can't appeal the decision unless this is found. Sometimes they request this but it doesn't mean they will appeal. If they do request it, they'll write to tell you.

    It can take 8 weeks to receive back dated money after a Tribunal win.
    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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