Appeal against tribunals decision, please help

Cakebaker wrote: Hi, a couple of weeks ago we were thrilled that our son went from 0 points to higher rate mobility after the tribunal hearing. Today we have received a letter to explain that no payments will be made because they are asking for a statement of reasons with the possibility of them asking for permission to appeal. We are devastated and have no idea what to do and whether this is normal. Can someone who has any experience of this please help us. Should we also be requesting the reasons and how do we go about it?

I'm sorry to hear that you are having this issue, it is standard but does not happen very often.

The DWP are exercising their right (you have this to), to challenge the Tribunal Decision further, but this does not mean that they will be successful, unfortunately, at this time they are not required to release any funds.

The first stage to a challenge is for one of the parties to request a Statement of Reasons from the Judge of the hearing. Both parties will receive a copy, I'm afraid it can take several months for this to be done.

Once the SoR is received, then a further challenge can only be made if they identify an Error of Law , they cannot challenge the Decision simply because they do not agree with it.

If they do believe that there is an Error, then you will receive a copy of their arguments and you can present counter arguments.

There is more to the procedure depending on what happens next, but let's deal with that when we get there.

So to summarise, you'll get a copy of the SoR and the DWP can only take it further if they can show an Error, if they can't then they must accept the Tribunal Decision.

Gordon

Cakebaker wrote: Hi, ive been thinking, if they cant appeal the decision just because they dont agree with the findings of the tribunal and only on a point of law is it not really unfair for them to withhold his payments until after they decide whether to appeal when he has clearly proved that his health problems are so severe that he should be receiving the benefit. Is it worth contacting our MP, not particularly to help us but to help others in his situation?

Yes, but if the current Decision is eventually overturned or even just reduced you could face paying back £1000s of recoverable over payment!!!

Gordon