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ANY FIGURES ON PIP TRIBUNAL WINS BEING APPEALLED?

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8 years 9 months ago #163439 by Dragfamily
Hi All,

Thanks to your help, the local CAB, the local MP, my wife's GP and my Pastor, my wife had her first-tier tribunal today and had her original decision overturned. She was awarded the higher rate for both daily living and mobility. She was previously on the middle rate for daily living and the higher rate for mobility when she was on DLA. She suffers from PVL and cerebral palsy.

However, she is now very fearful that the DWP will attempt to appeal against the decision as the points total had shot up from a total of 8 up to a total of 38 at the tribunal. I understand that the DWP has the same rights as us when it comes to appealing.

Does anyone know what proportion of successful tribunals are contested by the DWP? Although we 'won' today we still have an anxious wait to see if the DWP will reinstate my wife's benefit. Any info and advice would be appreciated.

Mark D

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8 years 9 months ago #163447 by Gordon
Dragfamily

I'm afraid there are no statistics for this, but the DWP cannot appeal the Decision simply because they disagree with it, they can only do so if they can show that there has been an Error of Law .

Many congratulations on your wife's award.

The DWP will have one month from the date of the Tribunal to request a Statement of Reasons from the Judge, which is the first stage to their appealing the Decision, you will be told if a request is made.

I would wait until the middle of next week and then contact the DWP to confirm that they have a copy of the Tribunal's Decision Notice, even though they nominate where it is to be sent it is surprising how often they lose them!

It normally takes 5-8 weeks for a Tribunal Decision to be processed by the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 9 months ago #163832 by Dragfamily
Replied by Dragfamily on topic ANY FIGURES ON PIP TRIBUNAL WINS BEING APPEALLED?
Hi

Thanks for your advice. I got through to the DWP and they have indeed received the Decision Notice ... now the wait begins....

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8 years 9 months ago #165041 by Dragfamily
Replied by Dragfamily on topic ANY FIGURES ON PIP TRIBUNAL WINS BEING APPEALLED?
Hi all

We received another letter from the DWP today - a nine page document going into great detail about the award of PIP for my wife - higher rate for both mobility and daily living. It basically comprises a very detailed description of the result of the tribunal. However, there were no details about when the payments are likely to start or indeed if the DWP are considering asking for a SOR. As far as I can work out, the DWP have a month from the original decision to decide whether to ask for a SOR - this month runs out on August 14th. Does this mean that the decision is still up in the air, and if it goes through, what happens next? When does the letter explaining the payment of arrears etc arrive? Any help would be appreciated.

Many thanks
Mark (on behalf of wife Fi)

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8 years 9 months ago - 8 years 9 months ago #165045 by slugsta
HI Mark,

The DWP don't move particularly quickly in this regard (or any other, for that matter!) and it often takes around 8 weeks for the decision to be put into action. You can sometimes speed up the process by sending them a copy of your decision letter.

Many claimants find that the back payment lands in their bank account before they actually get any associated paperwork.

If DWP do decide to request a SOR, you would get one as well (as both parties are always sent a copy). If this were to happen I'm afraid it could delay the process considerably as it usually takes several months even for the SOR to arrive. This is not a common occurrence and I will keep my fingers crossed that it will not happen in your case!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by slugsta.

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8 years 9 months ago #165155 by Dragfamily
Replied by Dragfamily on topic ANY FIGURES ON PIP TRIBUNAL WINS BEING APPEALLED?
Unbelievably, my wife's arrears were paid in today! Never expected that!

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