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Worried DWP will appeal my decision

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mandy1972
mandy1972 Community member Posts: 5 Listener
edited May 2019 in PIP, DLA, and AA
Hi, was just reading a post about pip tribunal,  I had my pip stopped back in October 2017, and i won my tribunal on Monday just gone, I'm also worried dwp will appeal the decision  , so scared they gonna take it away from me .
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
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    Hi @mandy1972 and welcome

    Congrats on winning your tribunal.
    The only way the DWP can challenge the decision is on an error in law. To do this they first have to ask the judge for a statement of reason and record of proceedings, seldom do they take it any further. If they do ask for the SOR then you will be notified, they have 28 days to do this. Usually the DWP take 5-8 weeks to put a tribunal decision into payment
    Be all you can be, make  every day count. Namaste
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  • mandy1972
    mandy1972 Community member Posts: 5 Listener
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    Thankyou, and thankyou for your reply
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    mandy1972, I agree with CR's reply on this. Although the DWP might ask for a statement of reasons (which will delay you getting your PIP into payment), they are very unlikely to take it further than this. That's because they can't appeal to the upper tribunal except on an error of law as CR says.

    The most likely outcome is that you will have to wait for a bit, but you will get your PIP back into payment with your arrears too.

    If the DWP do seek permission to appeal to the upper tribunal, you will be informed - this can't happen without you being copied in to everything the DWP do. In any case, the first step for them is requesting a statement of reasons and you would be told if they do that. There's nothing to worry about at this stage and you can always post back if you do hear that the DWP are taking it further - but I doubt they will.

    Will
    The Benefits Training Co:

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  • mandy1972
    mandy1972 Community member Posts: 5 Listener
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    Ok, thankyou for your reply, puts my mind at ease 
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  • tinka1992
    tinka1992 Community member Posts: 97 Connected
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    Any advice please I had had my pip assessment few weeks ago got pip assessment report she scored me 4 and said I havent got mental illness but why do I have two supports workers plus mental health worker any advice please as I know what the outcome will be 
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  • mandy1972
    mandy1972 Community member Posts: 5 Listener
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    Did u get awarded any points for anything else , or is that your score for the whole assessment 
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  • poppy123456
    poppy123456 Community member Posts: 54,023 Disability Gamechanger
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    tinka1992 said:
    Any advice please I had had my pip assessment few weeks ago got pip assessment report she scored me 4 and said I havent got mental illness but why do I have two supports workers plus mental health worker any advice please as I know what the outcome will be 
    You need to wait for the decision but they mostly go with the report. Your next step is to request the mandatory reconsideration and you'll have 1 month from the date of the decision to request this.

    You should put it in writing stating where you think you should have scored those points and your reasons why. Adding 2-3 examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Avoid mentioning any lies that may have been told in the report because DWP and the Tribunal won't be interested in any of those.

    Most MR decisions remain the same so you'll most likely have to take it to Tribunal.

    If this was a review and you currently have an award or you're moving from DLA then your money will stop 4 weeks after the decision is made if the decision goes with the report.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • twonker
    twonker Posts: 617 Pioneering
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    tinka1992 said:
    Any advice please I had had my pip assessment few weeks ago got pip assessment report she scored me 4 and said I havent got mental illness but why do I have two supports workers plus mental health worker any advice please as I know what the outcome will be 
    It does sound a bit confusing doesn't it?
    What the assessor means is that you do not have a mental illness that causes an impact on your life that match exactly one or more of the descriptors. In other words you can be seriously disabled but if the impact because of that disability doesn't match enough descriptors or any then PIP is not awarded. On the other hand someone with a minor disability may well fit enough descriptors and get an award. The level of disability or impact is not important. What is more important is matching the PIP descriptors.
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