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Won appeal but DWP say may be appealing tribunal decision

Rosie2017Rosie2017 Posts: 7Member Listener
Hi I am new to the group but would really appreciate any feedback on my current situation. I received my PIP form to fill in after previously being on DLA, in June last year. Completed and returned it and was sent for an assessment in August last year. I received only 4 points on care and nil on mobility. I applied for a mandatory consideration, no change. I then put in to appeal, which was accepted. I forwarded quite a few letters etc from doctors, psychotherapist and consultants. I was supported by a mental health advocate and the Citizens Advice Bureau. After many months of waiting I finally got my appeal date for 4 April this year. I found the whole procedure very distressing as I terrible anxiety. Having got through the Tribunal I was ecstatic to hear I had won ,I was awarded 6 points for care and 12 for mobility. I left the courts feeling like a weight had been taken off my shoulders .This great  feeling lasted until the 6 April, two days later I received a letter from the DWP to say they were appealing the Courts decision. I couldn't believe it, I felt it was so cruel to do this, and if an appeal was going to be considered they should have told me before I Ieft. To date I have received no more communication and it is a month tomorrow since I received the letter. I am now once again in limbo and feeling extremely anxious. Has anyone else had this experience or does anyone know the length of time I am liable to wait before hearing something. Sorry for the long explanation. Any advice would be greatly appreciated. 

Replies

  • wildlifewildlife Posts: 888Member Chatterbox
    edited August 1
    @Rosie2017, I'm so sorry to hear this sad story. I hope anyone reading this takes note as I have heard before that the DWP can appeal the court's decision. However you need to find out what is happening for the sake of your health this is an intolerable situation to be in. I suggest you contact the people who helped you at Tribunal especially the CAB to support you and help you to clarify what is going on unless you feel able to do it yourself. I would ring the tribunal service and see if they've heard anything from the DWP. The number will be on your correspondence about the Appeal you went to in April. If they haven't heard anything then they might be able to reassure you that no appeal is being made and advise you what to do. I would be careful about ringing DWP even though they sent you a letter as you might be causing an appeal rather than stopping it. I'll leave someone else advise you further as I've never been in this situation. Good Luck. I hope you get this sorted out soon... 
  • Rosie2017Rosie2017 Posts: 7Member Listener
    Thanks so much for taking the time to reply to me. The CAB do know about it but said it could take some time The DWP sent to the Tribunal for the ' Statement of Reasons' the same day I won the appeal, I also forgot to say they did attend my Tribunal. I may try and get my mental health advocate to ring the Tribunal, I don't think I could do this myself. I have no intention of contacting the DWP as the very thought of communicating with them makes me feel ill. It's the waiting again that is the worst, feels like it will never end. Any further information from anyone would be appreciated. Thanks.
  • wildlifewildlife Posts: 888Member Chatterbox
    @Rosie2017 So glad you've got people who will help. There will be some benefit advisors around tomorrow who will know more about this situation than I do. It would be interesting to know how often this happens and what DWP hope to achieve by doing this. It shouldn't be allowed to happen... 
  • Rosie2017Rosie2017 Posts: 7Member Listener
    I have heard from CAB that they are going to be sending more representatives from the DWP to appeals and there was also a trainee with the woman from the DWP so that does seem likely. If you do find out anything tomorrow I would be very grateful if  you could let me know. I will also keep you up to date if I do hear anything or find out anything else. Thanks again.
  • MatildaMatilda Posts: 1,334Member Chatterbox
    @Rosie2017

    Sorry to hear that the DWP are appealing the tribunal's decision.  Even if they go ahead, they might not win.  

    Suggest that you re-post your questions and concerns in 'Ask a benefits advisor' category.
  • mssissippi1952mssissippi1952 Posts: 21Member Listener
    That's terrible,what I don't understand after the appeal that's it you can't appeal again there's only the upper tribunal and that's for legal,matters.if you can't appeal DWP shouldn't be able to
  • wildlifewildlife Posts: 888Member Chatterbox
    This highlights what I've been trying to say. I did not give up trying to change the decision before going to Appeal and I got it changed. I know some people have been turned down on their 3rd attempt i.e.2nd MR but if you're successful DWP aren't going to Appeal because they're the people who changed it. I would say to make a complaint as early as you can about your assessment report if you're not happy with it. Tell DWP you've done that and write to them as many times as you need to with new evidence. 
  • Rosie2017Rosie2017 Posts: 7Member Listener
    Hi my mental health advocate rang the Tribunal today as suggested by 'wildlife' and at moment my Statement of Reasons is still at the Tribunal awaiting a judges signature. It will then be sent to the DWP who have a month from the date on the Statement of Reasons to decide if they want to appeal my winning my appeal. To appeal the DWP must find an error in law, and not dispute a finding of fact e.g. they can't appeal if, for instance if I said I couldn't wash my own hair and they think I can. I hope I am making sense here! If they do decide to appeal it has to be accepted before being sent to the Upper Tribunal. Whew,  that's as far as can find out at this time. So it's back to the waiting game and it will soon be a year since I first filled in the PIP claim form.
  • wildlifewildlife Posts: 888Member Chatterbox
    @Rosie2017, So pleased you have found out exactly where you stand. If DWP can only appeal a point of law it changes things completely. Provided the Tribunal panel made their decision within the law which, with a judge on the panel, is more likely than not you are safe. I'm wondering what the letter said that you got 2 days after the Tribunal that scared you so much. As there was no Appeal by DWP about to happen and if it said there was that's another thing that needs to change. To have felt the relief of winning at appeal only to be knocked back again there are no words to say how disgusting it is to be treated like that...
  • richarj1richarj1 Posts: 6Member Listener
    Hi, in exactly same position. Do you have an update?
  • jackofjackof Posts: 2Member Listener
    Does anyone know where I can look at a mock assessors report for pip so I will have some basic idea what to look for
  • BellamoffatBellamoffat Posts: 2Member Listener
    My son going through the same it's been 5 weeks since it went to a judge and haven't heard anything yet
  • Barrylad1957Barrylad1957 Posts: 91Member Talkative
    Sounds a bit like this is the DWP's latest attempt to 'raise the stakes' in the ongoing reports on the large percentage of appeals and reconsiderations that are currently ending up in the claimant's favour. Its not good propaganda for the Disability Unfriendly current 'government' to see so many of their psychopathic and draconian decisions overturned by the law of the land, maybe.
  • Evie12Evie12 Posts: 1Member Listener
    Hi Im new on here but my husband is going through the exact same as Rosie2017 He went to tribunal 2 weeks ago only to recieve a letter Monday stating DWP will be asking courts for a statement of reasons and may appeal the decision. This past year has been so stressful for my husband and family and he has since been put on citalopram for anxiety, all the stress was causing him to have more seizures than usual as he suffers from 2 forms of epilepsy. I find it disgusting that someone can threaten appeal who never even bothered to turn up on the day. My Husband has a representative from the councils benefits maximization team and she said this happens a lot. I suffer anxiety myself and feel sick to the stomach with this whole process. It's truly terrible how these people are treating the disabled. I wish the best of luck to anyone going through the same at the moment and please keep us updated, as will I.
  • MatildaMatilda Posts: 1,334Member Chatterbox
    @Evie12

    DWP are threatening more and more often to appeal but as they can only appeal on an error of law rarely do they have grounds to do so. Therefore I wouldn't worry.
  • CockneyRebelCockneyRebel Posts: 1,383Member, Community champion Chatterbox
    The DWP request a SOR from the judge more often now. This can take a long time to be produced, in some cases months but this is down to the judge.
    There is seldom an error of law which is the only way the DWP can appeal the decision.
    There is no point ringing the DWP. until they receive the SOR, which you should get a copy of .
    Your only course of action is to ring the tribunal clerk who may be able to hurry the judge up. Four weeks would be a reasonable time to wait. Depending on the response you get it may then be worth involving your MP.

    CR
    Be all you can be, make  every day count. Namaste
  • rosie55rosie55 Posts: 40Member Listener
    Hi I've just gone through all this .
    Went to tribunal beginning of July.
    Dwp attended and conceaded on the points. Few days later got the letter saying they are considering appealing .
    Took a good 4 til 5 weeks for sor and a few weeks for them to decide and it then go into payment .Did have mps help though . More common now with sors but try not to worry x
  • jackie27jackie27 Posts: 13Member Listener
    Won appeal 4july now 17september  still not heard law centre don't want to help  going to give up to tried 



  • rosie55rosie55 Posts: 40Member Listener
    Contact your local mp x
  • CockneyRebelCockneyRebel Posts: 1,383Member, Community champion Chatterbox
    Contact the tribunal clerk for an update

    CR
    Be all you can be, make  every day count. Namaste
  • Rosie2017Rosie2017 Posts: 7Member Listener
    Hi I thought I would give you an update of my posts from May regarding the DWP appealing against my winning my appeal. The statement of Reasons was sent to the DWP exactly one month after they requested it and the DWP then had 28 days to decide whether they would appeal. One month later I had received absolutely nothing from them. The next day I called into the Citizens Advice Bureau with my mental health advocate who updated the them with the situation. The Citizens Advice Bureau said they would get in touch with DWP to find out what was happening and would let me know asap. Later that day I was on a bus going home when I received a phone call, I was expecting it to be the CAB however it was the DWP, I got quite a shock to be honest, luckily my advocate was still with me. He asked me some security details and then asked if my bank details had changed. I told him they haven't and he then said right your backdated money will be paid into your account and your Pip will be paid monthly in arrears. I was so relieved I didn't realise until later that they didn't even mention anything about appeals, so I just had to presume they couldn't find any errors in law. I now have my PIP until August last year. Not even going there in my head yet. So  is okay for now and I can concentrate on getting well. The whole process took exactly at year and I would hate to have another year like it. I wish good luck to anyone having to go through this procedure and I hope I have assured some people that it must be pretty difficult for the DWP find any errors in law considering a judge is at your appeal. Whew!
  • jjdd70jjdd70 Posts: 39Member Listener
    my husbands took over 8 weeks for judge to do SOR only received it yesterday dated 19th september so again 28 days to wait and see fingers crossed last hurdle feeling knackered now 
  • CockneyRebelCockneyRebel Posts: 1,383Member, Community champion Chatterbox
    So pleased for you Rosie.
    Very soon the judges are going to get p****d off with all the SOR requests

    CR
    Be all you can be, make  every day count. Namaste
  • Rosie2017Rosie2017 Posts: 7Member Listener
    Thank you CockneyRebel.  It seems the DWP just don't want to accept they are wrong and continue to cause so much worry, anxiety and stress to people already suffering through ill health in the first place.  And I understand how you feel jjdd70 the whole process exhausts you and I think they hope you will eventually give up. I advise anyone going through the process to try and get help from the Citizens Advice Bureau or Welfare Rights who have been a godsend for me. 
  • wildlifewildlife Posts: 888Member Chatterbox
    @Rosie2017 So pleased for you but on the other hand you should not have had to go through this. Anyhow it's over so you can now relax and enjoy life as best you can..x
  • Rosie2017Rosie2017 Posts: 7Member Listener
  • clark30clark30 Posts: 14Member Listener
    I’m having the same problem myself at the min was awarded it then went to first tier tribunal won that then dwp want sor now was told to ring dwp on the 23 Oct this year  to see what happens then 
  • tsr157tsr157 Posts: 1Member Listener
    hi all , just got my tribunal date 9/10/17 esa missed appointment to med assessment in aprill,  suffer with long term mental health issues, spoke to prime minister on leaders special question time about mental health and the assessment hopefully i will win, but even if not we need to form a group to stop this happening to others , i have local mp waiting to act after court case ,,, legal thing apprantly she cant get involved , will updated on outcome , cant believe they still use snail mail in this day and age of email , even job centre text me appointments so why cant the whole DWP ? 
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