won appeal now this — Scope | Disability forum

won appeal now this

jjdd70
jjdd70 Member Posts: 66 Courageous
hi all my husband won tribunal on the  3rd july but just got a letter today the 15th from pip it says
IM WRITING TO TEL YOU WEVE APPLIED TO HER MAJESTYS COURTS AND TRIBUNAL SERVICE {HMCTS}FOR A STATEMENT OF THE REASONS FOR THE DECISION MADE ON 3RD JULY.AS WE WISH TO CONSIDER APPLYING FOR PERMISSION TO APPEAL AGAINST THE DECISIION 
i noticed it says as we wish to consider I'm guessing it doesn't mean they are and they are not is this a normal letter 
Read more at https://community.scope.org.uk/discussion/31458/blooming-pip-what-they-playing-at#AP6KGvbXSJEtJWV2.99
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Comments

  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    edited July 2017
    @jjdd70 Yep normal letter. They can only appeal the tribunal's' decision on a point of law and they only have 28 days from receipt of the statement of reasons to do this. They cannot appeal against the decision itself providing the award was decided upon by the Appeal court in a lawful manner which almost always is the case. Judges know the law so I wouldn't worry about something that isn't happening. Not only do they have to find a point of law they then have to prove it, again very unlikely.  
  • jjdd70
    jjdd70 Member Posts: 66 Courageous
    thank you wildlife for replying so this is quite normal has you say so once again no money for us and more worrying to had to my husbands stress.so you are saying its quite normal has everyone else received this letter especially the same wording then got there money?

  • wildlife
    wildlife Member Posts: 1,308 Pioneering
    @jjdd70 All I can say is that posts appear on here regularly from people who've had the same letter. I haven't because I never went to appeal. As you say it says "consider" so 1st they have to find a reason that does not comply with the law regarding the PIP award, then they have to "apply for permission" so up to the court whether this is accepted. Then the court has to accept there is a genuine reason, highly unlikely. It's just a way for DWP to delay the first payment of your husband's award. This letter should be scrapped and people only notified if DWP have found a problem with the way the tribunal decided on the new award. That's just my opinion as so many people think it means DWP are going to appeal when it's nothing of the sort. It basically only means they have the right to appeal but only on a point of law. There will be benefit advisors around in the week to verify what I am saying. 
  • jjdd70
    jjdd70 Member Posts: 66 Courageous
    is this the normal letter everyone has been talking about after winning appeal 
    because they say they have applied for SOR from courts then it says we wish to consider applying for permission to appeal so does this mean we have to wait 30 days form the 3rd or do we have to wait 30 days after they get the statement of reason not quite getting the drift of this letter once again not going to sleep its been bad enough waiting since last year june i think to get to tribunal won that and now this really struggling to come to terms with this 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @jjdd70

    I think the 'one month' is 28 days and DWP have 28 days to appeal from the time they receive the SOR.  I also think that the Courts and Tribunals Service has to send SOR to DWP within 28 days of receipt of request - but a benefits advisor could clarify this.

    In practice DWP make few appeals to an upper tribunal because they just don't have the grounds.
  • Markmywords
    Markmywords Member Posts: 419 Pioneering
    Given that;
    1. It's a form letter and they can't yet know if an error has been made.
    2. The SOR would need to be analysed by a specialist lawyer for errors not in the judgement but in the interpretation of the laws that led to it.
    3. Very, very few legal challenges are ever actually made.
    4. A month's delay in paying is of no significant benefit.
    We are left only with improper motives for doing this.

    Hypothetically, it could be done to cause stress to discourage others from appealing.

    It could also be that they would then also threaten the possibility of continuing to assess claimants even though a court order has already fixed the terms of the award.

    A person could describe it all in one word, "intimidation."
  • rosie55
    rosie55 Member Posts: 40 Listener
    Hi I'm in the same situation .had an appeal 2 weeks ago and dwp sent same letter out. Payments on hold intil they recieve sor from tribunals.
    I was wandering how long it all takes as it was last September I put pip form in .dwp told me it takes about 1_2 weeks to recieve then they decide if they want to appeal to upper tribunal within law reasons or if they decide to not go any further they should start paying you and any backdated money.
    Has anyone ever had there's go to upper tribunals ? 
    Thanks 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @rosie55

    In the 11 months I've been on Scope forum I have not read any reports of any members having been taken to an upper tribunal by DWP.  I think it is very rare.
  • rosie55
    rosie55 Member Posts: 40 Listener
    Thankyou Matilda.
    Do you know how long it takes from winning an appeal to receiving payments if dwp have asked for statement of reasons 
    Thanks 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @rosie55

    I understand that DWP have 28 days from when they receive SOR to decide whether to appeal, so if they don't appeal they should pay you arrears within about three weeks after that and regular payments from the next due date.
  • rosie55
    rosie55 Member Posts: 40 Listener
    O.k thankyou not received sor yet so could be waiting a good few weeks then.
  • rosie55
    rosie55 Member Posts: 40 Listener
    I feel for anyone whos going through the same process.as soon as I hear anything I will post.
    It makes me laugh because at tribunal the dwp advisor who was there actually conceaded in certain areas and now doing this .
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    Hope you don't have to wait too long, @rosie55.  Yes, keep us posted.
  • jjdd70
    jjdd70 Member Posts: 66 Courageous
    thanks for the replys seems like its the norm with them then prattting around again making us all wait for payments 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    jjdd70,

    I've answered this elsewhere but as everyone says, yes I'm afraid this is increasingly the norm now. The DWP have one month from when they get the statement of reasons to ask for permission to appeal (although the First Tier tribunal can both extend or reduce that time limit, I doubt there would be any reason to do so here).

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • rosie55
    rosie55 Member Posts: 40 Listener
    Thanks for the advice.its just a waiting game with is very stressful and adding more to health and well being and financially problems.
    10 months since I put form in .I've spoken to my local mp aswell as it's all wrong there is lots of people suffering out there and dwp are not helping .
    Basically they have a month from tribunal to pay you and if they ask for sor it's a few weeks extra .I should hear summit middle of August. Feel for tribunals it's no wander they are fully backlogged with cases if they have to keep doing sors aswell as appeals.

  • jjdd70
    jjdd70 Member Posts: 66 Courageous
    hi i rang the tribunal to ask if pip had asked for statement of reason she said yes they have and it had been put infront of the judge yesterday to see if she approves it,
    what does that mean?
  • rosie55
    rosie55 Member Posts: 40 Listener
    Have you heard anything else jjdd70.
    I had tribunal on 6th July but not heard anything else only that letter from pip asking for statement of reasons 
  • jjdd70
    jjdd70 Member Posts: 66 Courageous
    hi rosie55 no nothing i rang tribunal to ask if dwp had asked for statement of reason too which they have done, and apparently it was put infront of the judge for her desciion don't know what that is.guessing now the judge has a right to either sent it too them or refuse don't know have you heard anything else?
  • rosie55
    rosie55 Member Posts: 40 Listener
    No not heard owt waiting on reasons to cum through .
    I think it's up to judge to send statement of reasons out but both parties get a copy. dwp have 28 days from date of receiving them to appeal or pay any money to yourself I'm assuming.
    It's all wrong u wait all this time and worrying and suffering til your tribunal and then they do this.
    If when u have any update let me know .x

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