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- mollymoo
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7 years 7 months ago #169479 by mollymoo
help was created by mollymoo
i was awarded 8 points at my tribunal for not being able to cope with outher people and receved this letter today can someone tell me what to do ....
I am writing to tell you we have applied to hmc and tribunal services for a statement of the reasons for the decision made on the 14 sep as we wish to consider applying for permission to appeal against that decision.im sorry we wont be paying the benefit awarded by the first tier tribunal at the present time
we normally have one month to consider applying for permission to appeal the period of one month starts from when the first tier tribunals statement of reasons has been issued if we decide not to appeal we ll start paying your benefit straightaway and pay any money we owe you .if we apply for permission to appeal and it is not granted we will concider if we can start paying you benefit
I am writing to tell you we have applied to hmc and tribunal services for a statement of the reasons for the decision made on the 14 sep as we wish to consider applying for permission to appeal against that decision.im sorry we wont be paying the benefit awarded by the first tier tribunal at the present time
we normally have one month to consider applying for permission to appeal the period of one month starts from when the first tier tribunals statement of reasons has been issued if we decide not to appeal we ll start paying your benefit straightaway and pay any money we owe you .if we apply for permission to appeal and it is not granted we will concider if we can start paying you benefit
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- Gordon
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7 years 7 months ago #169496 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help
mollymoo
Like you the DWP have a further right of appeal if they believe that the Decision on your claim was reached in an improper manner, the first stage of this is for them to request a Statement of Reasons from the Judge of your hearing, typically this takes 1-2 months and you will receive a copy.
I'm afraid while this happens the DWP do not have to implement the Tribunal's Decision.
They cannot take the matter further simply because they disagree with the Decision only if there has been an Error of Law.
What is an Error of Law?
Just because they have asked for SoR does not mean that there is an Error and even if they think that there is, does not mean that a UTT judge will agree.
Gordon
Gordon
Like you the DWP have a further right of appeal if they believe that the Decision on your claim was reached in an improper manner, the first stage of this is for them to request a Statement of Reasons from the Judge of your hearing, typically this takes 1-2 months and you will receive a copy.
I'm afraid while this happens the DWP do not have to implement the Tribunal's Decision.
They cannot take the matter further simply because they disagree with the Decision only if there has been an Error of Law.
What is an Error of Law?
Just because they have asked for SoR does not mean that there is an Error and even if they think that there is, does not mean that a UTT judge will agree.
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Derek4
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7 years 7 months ago #169513 by Derek4
Replied by Derek4 on topic help
Hi mollymoo,
I don't have a statistic but I have often heard on this forum of the DWP applying for a statement of reasons (particularly for DLA/PIP appeals), but I've heard of far fewer cases where they actually challenge the decision at the upper tribunal.
I would try not to worry too much, if you can, whilst waiting for the statement of reasons.
Good luck,
Derek
I don't have a statistic but I have often heard on this forum of the DWP applying for a statement of reasons (particularly for DLA/PIP appeals), but I've heard of far fewer cases where they actually challenge the decision at the upper tribunal.
I would try not to worry too much, if you can, whilst waiting for the statement of reasons.
Good luck,
Derek
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