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Dwp appealing against pip tribunal decision.

DizzydaisyDizzydaisy Member Posts: 5 Listener
in PIP, DLA and AA
Hello I wonder if anyone can help me ? I have a daughter with severe Anorexia Nervosa (current weight 6 stone ) anxiety and ptsd . In 2016 she's was living in Cambridge, and applied for pip which she was awarded within 2 weeks .In August 2017 due to her worsening health she moved nearer to me in Crawley .
She had another pip assessment in January 2018 at a different place and was failed . So we put in for a mandatory reconsideration which she also failed . So we put in for an appeal  and kept sending in medical evidence. She finally had her appeal on 17 th April , the minute we went into the room . She was told that due to the medical evidence alone , her pip should never have been stopped and she had won .
She was so happy, however last Friday she decided to ring pip to see what was happening.
Only to be told they were waiting to see whether The Dwp were going to appeal against the decision.
She has now said everything was a waste of time .Does anyone know how often they do appeal and I feel so what do we do ?
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Replies

  • wilkowilko Member Posts: 2,324 Disability Gamechanger
    Hello and welcome, the appeal or right to appeal by the DWP is the usual format practice. The DWP have 30 day to appeal if they wish just like you did after your failed PIP assessment . Its a case of just waiting for your award notification letter and the cheque for any owed back payment that maybe owing.  It not a waste of time it may seem that way but you have been strong to take it this far so a little longer and you will be at the end of the tunnel in the light.
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  • FetlockFetlock Member Posts: 79 Courageous
    The DWP has 28 days to decide whether to request a statement of reasons from the judge. Had your daughter been unsuccessful she'd have had the same right.
    Its not often that they ask for the statement of reasons/or appeal however- she'll probably be fine. But they do have that right within the 28 day period so you can't really chase it/complain in the meantime (though many tend to)
    I'd give them a call again in maybe 3 weeks if you've heard nothing before then. One of the last stages before putting a claimant back into payment is to contact them to check bank details on file are still current and to check if they've been in a care home or hospital for more than 28 days in the last 3 years, or in prison or abroad for more than 4 weeks. You could provide those "payability" details (when you next ring up and it gets that step over.
    Congratulations on the appeal outome too.

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  • DizzydaisyDizzydaisy Member Posts: 5 Listener
    Thankyou both of you for your comments .
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  • FetlockFetlock Member Posts: 79 Courageous
    Just to clarify- they have 28 days to request a statement of reasons, not to appeal.
    The reason for any request for a statement of reasons from the judge is to determine whether an error of law was made by the tribunal. Only if there was an error of law can an appeal then be lodged.
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  • shell73shell73 Member Posts: 56 Connected
    They said that to me but I got my money in the bank exactly 28 days after they received the outcome of the appeal .
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It can take 8 weeks to receive backdated money after a Tribunal win. Asking for the SOR doesn't mean they 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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  • DizzydaisyDizzydaisy Member Posts: 5 Listener
    Thankyou everyone x
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  • MoaningMoaning Member Posts: 12 Connected
    Not just to be negative, but I won my appeal in July last year. Dwp asked SOr from tribunal. We are still waiting for the SOR. So it is poss to wait longer than 10 months for SOR, than DWP thinking for 28 days if they’re going to appeal, then ...... 

    but I wish you luck
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  • DizzydaisyDizzydaisy Member Posts: 5 Listener
    Ok thankyou, I hope it all works out well for you . I don't think they have asked for a SOR, just that the pip people are waiting to hear if they are going to ask for one.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Dizzydaisy said:
    I don't think they have asked for a SOR, just that the pip people are waiting to hear if they are going to ask for one.
    I'm not sure what you mean by that. PIP is DWP and if the SOR is requested then it will be these that request it.
    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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  • DizzydaisyDizzydaisy Member Posts: 5 Listener
    My daughter rang the pip people and was told they were waiting to see if dwp were going to appeal the decision.
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