Re:Statement of Reasons request by the DWP

I posted on this subject a few weeks ago on behalf of my friend who won her DLA tribunal. She was worried as she had spoken to the DWP who said that they might appeal and ask for Statement of Reasons etc.
The moderators explained that this sometimes happens. Well, she got a letter today and yes it was saying that they will ask for that. She is upset has the letter is bluntly worded and when she rang her rep form a very good disbility network she was told that they seldom have DWP asking for this and that they probably will appeal!
I have tried to say its a formality but she is unconsolable. She says that for her, that is it and she cannot face the fight anymore.
Its difficult for me as i am involved in the same process myself.
How many of you have had this happen to yourselves and come out of it with an award? I know that they can only do it on a point of law but apparently the judge she saw is not "that good" at making detailed statements so she has got that against her now, poor woman. I hope this is a formality for her but her rep has really worried her by saying that with all thier hundreds of appeals, it is seldom they ask. Could someone give me any idea how often this seems to be happening in the present climate?
Really gratefull guys.
Callisto

Further to email posted above.
We rang the main number of the DWP who then transferred us onto Glasgow where a very unhelpfull chap rang us back to say that it was Blackpool who had asked for the Statement, he did not sound very sure of his role as he went onto say that it was now going to be passed onto the upper tribunal! We pointed out that surely they had to get the statement of reasons first? She asked him whether or not this was common and he said no, he sees this only seldom, but i think he meant the refferral onto the upper tribunal. Well at least she hopes that is the case. We also decided to ring appeals and the woman said that this was not rare. But because the DWP have made it sound so and her rep says that normally the cases won are simply paid, my friend has just lost hope. She was awarded low rate care and high rate mobility for three years, Like me she has severe ME and additional problems. This is not looking good for my case!!!
I am anxious to know if they are doing this more or from anybody who has gone throught the same and what happened to them??? I think she (and me) just need reassurance that they DO do this on a regular basis and it turns out okay.
I know i am being persistant but trying to get informed info, rather than the somewhat fragmented info from the horrid people at the DWP.
Thankyou for anyboy who can either answer or point us to a link.
Callisto

Hi Callisto,

I'm afraid it isn't common for the DWP to ask for a statement of reasons.

Individual decision makers are not supposed to request one themselves, but have to contact a special unit within the DWP who decide whether to pursue an appeal or not.

That doesn't mean that they definitely will appeal. They will look at the statement and decide whether it is an issue they wish to pursue or not. But there is a real possibility that an appeal will be lodged by the DWP.

That isn't, by any means to say that they will win. And even if they do the most likely result is that the case will be sent back to be heard afresh by a new tribunal.

Bit your friend should be prepared for the possibility of a long haul, I'm afraid.

Steve

Thanks Steve, i had hoped that it was more common but this is looking like a problem.
Callisto

Another thought here, it is worth her taking this up with an MP? She has a very helpfull MP whom is apparently is interested in Welfare matters. Obviuosly i know that procedure will take ages but personally i dont think that there is any reason for her not to write, these people need to be made aware anyway and action does at least dispel a little of the hopelessness. Would she have to go back to the same appeal venue and sit before a different judge? What do you think about this?
Thankyou
Callisto

Hi Callisto

I dont have any experience with this sort of problem but i just want you and your friend to know i will be thinking about you and paraying for a positive outcome. Keep fighting it, i had to fight for my DLA so i know its hard, dont let the b......s get you down.

Wishing you all the very best
Mm