What does it mean about DWP requesting a full written statement from a tribute?

capbiker

Last On Monday 13th January, I want to a tribute to appeal DWP rejection to my pip application.  It was really stressful, and afterwards to be told that that I won.  It was a relief for me, but I got told that DWP could appeal the decision.

 

I just got home from work, and find a letter from DWP.  Stating that they are requesting an written statement of reasons.  To help them to make a decision on if it should appeal or not.  This has really upset me, because the letter doesn't explain in detail what it means.  I know that I won't be getting any pip payments.  I haven't had any payments since November 2018. So I have adjusted with out having it. 

 

What I don’t know, is this a common thing that DWP do?  Asking for a statement of reason. Or is it something that they do on a low percentage of appeals, that over turned their decision?

 

What does it mean for me, if they do decide to appeal it at the upper tribute?  Do I have to go through the humiliating process of having to sit in front of strangers again?  And having to answer questions again.  Some of them very personal, and degrading.  That you wouldn’t normally even consider discussing in front of strangers normally. 

 

What will the upper tribute be looking at exactly?

 

How long would it take to hear if DWP is going to appeal the decision, and would I get to know the reason why they are appealing it?

Ails

Hi @capbiker and welcome to the Community.  It is nice to meet you and thank you for posting your questions.  I'm sorry I can't be of any help myself, but one of our Community Champions, @poppy123456, is very experienced in the field of DWP matters and should be best to advise you so I am tagging her in and am sure she will reply to you soon.  Meantime all the best. 

Hi @poppy123456, are you able to help with the above questions?  Thanks. @Ails. 

poppy123456

Thank you @Ails for the tag and sorry for the delay in replying.

HI and welcome @capbiker

DWP have as much chance as we do to appeal the decision but they can only do this if an error in law has been made. To know if this has been made they have to request the statement of reasons and record of proceedings, which they have. Once HMCTS have sent them this they will have 1 month from that date to appeal.

They sometimes request the SOR but rarely appeal it. The only downside is the Judge can take as long as they want to write this and send it and there's no timescales how long this can take. Unfortunately, all you can do is wait because you've done all you can do for now. I know it's more waiting and i can't imagine the stress you're going through. Hopefully it will be sent quickly and then you'll know more once it is. I wouldn't worry too much although i know it's very difficult not to worry. The only problem is that your backdated money will be delayed further.

Hope this helps.