PIP Tribunal appealed award given DWP appeal again

Help any advice my daughter who has bipolar and other medical issues who is under the mental health team and doctor. Had to attend a PIP Tribunal which which they agreed to her having care. Now DWP are appealing again so feel the tribunal was a waste of time and the stress has made my daughter really ill. May have to go into hospital but has 3 children to look after. What help and advice A4U was supporting my daughter but due to cut in funds not able to attend tribunal which is the case for most agencies.

Dora wrote: Help any advice my daughter who has bipolar and other medical issues who is under the mental health team and doctor. Had to attend a PIP Tribunal which which they agreed to her having care. Now DWP are appealing again so feel the tribunal was a waste of time and the stress has made my daughter really ill. May have to go into hospital but has 3 children to look after. What help and advice A4U was supporting my daughter but due to cut in funds not able to attend tribunal which is the case for most agencies.

Just like the Appelant, (You) the DWP have the option of seeking leave to appeal a First Tier Tribunal (FTT) decision to The Upper Tier Tribunal, (UTT).

You should seek professional advice on this from the CAB or the like :

See information regarding gaining advice in : This Topic

I don't know where you live, but if it is in one of the areas covered in the information given in the link below, they may be able to help, or direct you to someone that can :

Legal Aid for UTT Appeals for London, East, S/E England and The Midlands.

Legal Aid is still available for appeals to The UTT.

Just as for the Appellant, their first step would be to request a Written Statement of Reasons (S of R) from The Tribunal to gain an explanation of how and why they came to their decision :

Tribunals – Requesting a Statement of Reasons

This must be done within one month of the date of The FTT Decision.

However, they cannot simply appeal an FTT decision to The UTT, just because they do not agree with it, they have to show that it is likely that The FTT have Erred in Law in coming to their decision.

What is an Error of Law?

ERROR IN LAW :

"Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appellant, failure to explain why they’ve relied on any material evidence against the appellant particularly where that evidence was put at issue by the appellant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

There is no gurantee that The FTT Judge will grant them leave to appeal to The UTT.

However, if the FTT refuse permission the DWP can seek leave to appeal directly to The UTT.

If the UTT accept the appeal and "Judge" on it, they will most probably send the appeal back to The FTT with "Directions", unfortunately you will not receive any payments as a result of the FTT decision until this matter is resolved.

Appellants seldom if ever have to attend UTT hearings as they are purely on "Points of Law".

You will receive copy of everything that The DWP send to The FTT and correspondence between The FTT and The DWP, so you should know where things are up to in the process.

As things stand, the ball is firmly in The DWP's court and you can only react as and when things progress.

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