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TOPIC: I won an Upper tribunal

I won an Upper tribunal 1 year 2 months ago #198234

Thank you so much for your help, I won my pip upper tribunal.

I phoned the dwp to find out when I will start to get paid and get my backlog, they said they have 28 days to try and challenge it. This has made me sick and ended up in hospital with an acute flare.
This money is for survival and don't know how I will survive with out it, how can they be so cruel.
Can they really challenge a upper tribunal?

If they do challenge it then do they have the power to overwrite the upper tribunals decision and I if they stop my payments is that it, is there nothing I can do to further challenge it and am I left with nothing?

Also, they said if they don't challenge it they can't say when I will get paid and there is no deadline, do you know how many weeks after decision people get paid?

Thank you very much

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I won an Upper tribunal 1 year 2 months ago #198247

Georgia

You've referred to an "upper tribunal" but do you actually mean this, the Tribunal Service has two levels of Tribunal; the First Tier which deals with Social Security hearings amongst others and the Upper Tribunal which deals with appeals on the basis of a an Error of Law. Whilst the UTT can make a Decision on a benefit appeal, it would be unusual for this to happen.

On the assumption that this was actually a FTT appeal, then the DWP have the same right as you to a further appeal on the basis of an Error of Law and not because they disagree with the Decision that was made.

Having the right to take the matter to the UTT does not mean that they will, the majority of Decisions made by the FTT do not have an Error or even the suggestion of an Error, so there is no opportunity for the DWP to pursue the matter further and they should then put the Tribunal Decision into payment.

Gordon

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

I won an Upper tribunal 1 year 2 months ago #198267

Thank you very much for your reply.

It was an upper tribunal, there was an errror of law so I went to a second tribunal and revived the full amount.

So can dwp still challenge the utt?

Also do you know how long it takes to get the pip payment?

Thank you :)

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I won an Upper tribunal 1 year 2 months ago #198270

Georgia

The DWP would not be challenging the Decision from the UTT but the one from the second FTT hearing!

We would expect payment in 5-8 weeks if the DWP do not take it further.

Gordon

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

I won an Upper tribunal 1 year 2 months ago #198271

Thank you, appreciate your help.

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I won an Upper tribunal 1 year 2 months ago #198283

Hi Georgia,

Congratulations on your upper tribunal success (I failed twice at the UT).

An upper tribunal decision can only be challenged at the Court of Appeal, and it is extremely rare for appeals to go that far. The DWP usually do it when they feel that the UT decsion will set a precedence that's undisireable to them.

Good luck,

Derek

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