Re:Statement of Reasons request by the DWP

Hi diane varley

I've moved your post to its own topic, we ask members not to post their questions in other member's topics as it can lead to the wrong advice being given or taken.

I would advise you to seek advice from a local welfare rights worker who will be able to take all your information into account when giving you advice.

In regards to Appeal Court, I assume you are talking about the Upper Tribunal, before you can apply to the Upper Tribunal, you need to request a statement of reason as to why your Tribunal made the decision it did, you can only appeal to the Upper tribunal on points of Law. If the DWP disagree with the decision made by your Tribunal then they can also appeal to the Upper Tribunal. The same process applies to the DWP as it does to you, they will have to apply for a statement of reason within one month of the decision, if they do then a copy will be sent to you.

If you’re appealing because your benefit was refused or stopped, you might be able to start a new claim while you’re waiting for your appeal decision.

You can do this if:

* your circumstances have changed - for example, your income has reduced
* you claimed a disability benefit and your condition has got worse or you’ve developed a new one

It’s worth making a new claim if the changes mean you’re now likely to be accepted for the benefit.

Your appeal will still continue. If it’s successful, any payments you’re owed will cover from the date your original claim was made, to the date of your new claim.

If the appeal is for a benefit you were getting that was stopped, the payment will cover from the date the benefit was stopped to the date of your new claim.

If your appeal is successful but your new claim is refused, you’ll only get a benefit payment up to the day before your new claim.

You can ask for a mandatory reconsideration of your new claim and appeal it if necessary.

Gary