PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Can the first assessor appeal against a PIP tribunal verdict?

alipenalipen Member Posts: 2 Listener
edited June 2017 in PIP, DLA and AA
Hi i had my p.i.p. appeal overturned at tribunal.I was given a lwtter with the decision i have been awarded standard daily living withouy motorbility which i was advised to re apply for.I had not reciwvwd anything from dwp so rang them.I was told it would be 4-6 weeks and the first assessor may appeal against the tribunal verdict.can they do this? It's been a hard year of waiting and still not getting it all, i'm upset i may not now get it

Replies

  • GeoarkGeoark Community champion, Scope Volunteer Posts: 1,307 Disability Gamechanger
    Hi @alipen and welcome to the community.

    Unfortunately yes they can do this. I have no idea how successful the DWP has been with such appeals, @BenefitsTrainingCo may be able to offer some advice on this. 

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

  • LiamO_DellLiamO_Dell Member Posts: 1,114 Pioneering
    edited June 2017
    Hi @alipen,

    Welcome to Scope's online community!

    Sorry to hear that you've been having some problems with PIP. I've moved this post into our Ask a benefits advisor category, where @BenefitsTrainingCo may be able to advise.
    Liam
  • alipenalipen Member Posts: 2 Listener
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi alipen

    Both the claimant and the DWP have the right to appeal to the Upper Tribunal following a First tier Tribunal decision. But it is relatively uncommon for the DWP to do this and they must usually take action within one month of the tribunal's decision.

    Unfortunately there can be a bit of a delay whilst the DWP considers its options but hopefully it will be settled soon. The best thing to do is contact the DWP to find out what is happening and if they fail to give you a satisfactory answer then you should consider making a complaint.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • wildlifewildlife Member Posts: 1,316 Pioneering
    edited June 2017
    @alipen  Am i the only one reading this as the person who assessed you? Is that who you mean? Or are you calling the DWP your 1st assessor? If so the above advice applies..
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi @alipen,


    The DWP can ask for written reasons of the tribunals decision to consider whether they wish to challenge their decision. In practice I am finding the DWP are asking for the written reasons in a lot of cases, but then they are not finding any reason to continue with challenging the decision and they end up paying up! It's not fair as we know it adds extra strain to the long wait you have already had, but I am advising people I see in my local advice centre to wait approx. 6-8 weeks for payment after the tribunal decision.
    Hang on in there and as David said, if the delay is any longer, then complain.
    Good luck,

    Laura
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
Sign in or join us to comment.