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- madchoc
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9 years 1 month ago #161409 by madchoc
PIP was created by madchoc
My husband went to a tribunal to have his PIP reinstated to higher level of care from the standard level on 10/06/2016 he won his case but the works and pensions are appealing the judges findings can they do this. Joy Bullock Stoke on Trent
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- Gordon
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9 years 1 month ago #161421 by Gordon
Have the DWP actually said that they intend to challenge the Decision or that they can/might?
Like your husband, the DWP have a further right of appeal to the Upper Tier Tribunal, however. they cannot appeal just because they disagree with the Decision, they must show that there has been an Error of Law .
The DWP have one month from the Date of the Tribunal hearing to start the process, which is for them to request a Statement of Reasons, if they do this then you will be informed and will receive a copy of the SofR.
If they do go down this route then I'm afraid that the Tribunal result is not actionable until the matter is resolved, but even if they request a SofR it does not mean that they will find an Error.
Let us know what is happening and we will try to help you further.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP
joyzee wrote: My husband went to a tribunal to have his PIP reinstated to higher level of care from the standard level on 10/06/2016 he won his case but the works and pensions are appealing the judges findings can they do this. Joy Bullock Stoke on Trent
Have the DWP actually said that they intend to challenge the Decision or that they can/might?
Like your husband, the DWP have a further right of appeal to the Upper Tier Tribunal, however. they cannot appeal just because they disagree with the Decision, they must show that there has been an Error of Law .
The DWP have one month from the Date of the Tribunal hearing to start the process, which is for them to request a Statement of Reasons, if they do this then you will be informed and will receive a copy of the SofR.
If they do go down this route then I'm afraid that the Tribunal result is not actionable until the matter is resolved, but even if they request a SofR it does not mean that they will find an Error.
Let us know what is happening and we will try to help you further.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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