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dla appeal won, now they are quirying the backdate
9 years 2 months ago - 9 years 2 months ago #128770 by bro58
Replied by bro58 on topic dla appeal won, now they are quirying the backdate
Hi,
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
Unfortunately, The DWP can challenge a First Tier Tribunal (FTT) Decision, much the same as The Appellant (You) can.
The procedures are the same for either party.
They would first have to request a : Written Statement of Reasons from The FTT within one month of the date of The FTT Decision Notice.
If after receiving The Written Statement of Reasons, (S of R) they think that they have grounds to appeal, they have one month from the date of The S of R to seek leave to appeal to The Upper Tier Tribunal. (UTT)
Like with The Appellant, they cannot simply seek leave to appeal to The UTT because they do not agree with The FTT decision, they must show that The FTT have been errant in law in coming to their decision :
What is an Error of Law?
You will know if the DWP have requested a S of R as you will also receive a copy and notification.
The DWP do not have to make any payments to you as a result of the favourable FTT decision until either, it decided that the DWP cannot progress with an appeal to The UTT, or if it goes to The UTT, and a positive decision is made, or as usually happens, it is referred back to The FTT with directions, and the fresh FTT hearing still finds in your favour.
See also : Appealing to The Upper Tier, DR UK Factsheet
To be clear, this is not the same as The DWP disputing the date that any arrears should be backdated from.
As any FTT Decision is a remaking of the original adverse decision under appeal, arrears should be paid from the date of the original adverse decision.
Hope this helps.
bro58
Welcome to Benefits and Work
If your forum name is also your real name, you may wish to change it to maintain some anonymity.
This can be done quite easily by following the instructions on this FAQ :
My full name is showing, how can I stop it?
Unfortunately, The DWP can challenge a First Tier Tribunal (FTT) Decision, much the same as The Appellant (You) can.
The procedures are the same for either party.
They would first have to request a : Written Statement of Reasons from The FTT within one month of the date of The FTT Decision Notice.
If after receiving The Written Statement of Reasons, (S of R) they think that they have grounds to appeal, they have one month from the date of The S of R to seek leave to appeal to The Upper Tier Tribunal. (UTT)
Like with The Appellant, they cannot simply seek leave to appeal to The UTT because they do not agree with The FTT decision, they must show that The FTT have been errant in law in coming to their decision :
What is an Error of Law?
You will know if the DWP have requested a S of R as you will also receive a copy and notification.
The DWP do not have to make any payments to you as a result of the favourable FTT decision until either, it decided that the DWP cannot progress with an appeal to The UTT, or if it goes to The UTT, and a positive decision is made, or as usually happens, it is referred back to The FTT with directions, and the fresh FTT hearing still finds in your favour.
See also : Appealing to The Upper Tier, DR UK Factsheet
To be clear, this is not the same as The DWP disputing the date that any arrears should be backdated from.
As any FTT Decision is a remaking of the original adverse decision under appeal, arrears should be paid from the date of the original adverse decision.
Hope this helps.
bro58
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