Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default Incapacity Benefit: DWP appealing the tribunal's decision?

    Quote Originally Posted by ee-bee View Post
    hi i`v just found this forum so not sure where to start,i received a letter today telling me my is had stopped 4 days ago,and i`m at a total loss as what to do now,i`v got spondylitus,in the spine and neck,and i was asked stupid questions like can i answer the phone!where would i find out about a welfare rights worker,many thanks
    hi all, well i went to my appeal on tuesday and won,i was awarded 20 points instead of the 3 i originally got,great news i thought,except today i received a letter off thejobcentre plus saying they have requested a full statement of the tribunals reasons for this decision, this means that implementation of the tribunals decision will be suspended while an appeal to the commissioner is considered,i`m so upset and worried,has this happened to any one else on here
    ee-bee


  2. #2
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    Default Re: Incapacity Benefit stopped

    They will be requesting a statement of reasons for the decision so they can see exactly why the decision was made; If they believe the first tier tribunal has erred on a point of law, they can apply for permission to appeal to the commisioner. They have one month from the date of the decision to request a statement of reasons and a further month to apply for permission to appeal from when the statement of reasons were sent to them.

    If they do submit a request leave to appeal, to the upper tier will decide whether the DWP appeal can go ahead.

    Whilst this is being considered, they can suspend any payment due as a result of the first tier tribunal's decision.

    They can only appeal to the upper tribunal on a point of law, not on findings of fact or the first tier's medical findings.

    I have moved your post to its own thread to attract more traffic.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

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  3. #3
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    i`m gutted,i`v been waiting since feb for this to be resolved,was a nervous wreck at the tribunal,it was such a relief when it was all over,this letter has knocked me for six


  4. #4
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    dont mean to sound thick but what does erred on a point of law actually mean


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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    You're not "thick". You just don't know what it means, that doesn't mean you're thick. Don't put yourself down.

    It means there is an error in the way they have applied the law to a case.

    When a decision to award benefit or decline benefit is made, it is made in accordance with the law that has been set for that particular benefit.

    So if the DWP feel that the tribunal has wrongly interperated the law or feel the law should be further clarified, they appeal to the upper tribunal.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
    (exceptions for prior authorisation)


    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  6. #6
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    hi again do you think could have anythink to do with the fact i was awarded dla in july and i believe there is some sort of premium to be backdated


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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    i have received the statement of reasons from the tribunal, so i assume the dwp have received theres as well, i`v spoke to my representative and he`s also received one,everything seems okay in the statement but we`ll have to wait and see,i`m assuming they have a month now to decide what their going to do? god its like waiting for christmas


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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    EE bee
    are you on IS appeal rate at the moment ?
    and if you are, do I.S know you now have DLA ?
    if yes to the first and no to the second
    they need to know because you could be due premiums now

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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    hi mikey, i`m on jsa(as advised by dwp)and they were notified as soon as i received dla and my premium has been added to my fortnightly jsa payment


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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Thats good at least you are getting them.
    Hope you get your appeal sorted soon


  11. #11
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    well its now been 2 weeks since the the statement of reasons was issued,i`m getting really frustrated ,waiting for the post every day,i`m begining to think this is going to be a very long drawn out appeal


  12. #12
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Hello ee-bee,
    Same thing is happening to me with the DLA appeal I won. I,m on a countdown and will contact Tribunal Service a couple of days after the month has expired and if an appeal has not been lodged in time things will get interesting.

    Let us know how you get on.

    Cheers MelissaTeddyBear


  13. #13
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Quote Originally Posted by MelissaTeddyBear View Post
    Hello ee-bee,
    Same thing is happening to me with the DLA appeal I won. I,m on a countdown and will contact Tribunal Service a couple of days after the month has expired and if an appeal has not been lodged in time things will get interesting.

    Let us know how you get on.

    Cheers MelissaTeddyBear
    i`m gutted, i thought it was only me it had happened too,it seems its quite an unusual thing for dwp to do,when is your 4 week dead line?


  14. #14
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Hello ee-bee,

    The statement of reasons is dated 2/11/09 so I think that the decision maker has to get the appeal in to the tribunal service by 2/12/09. I contacted Tribunal Service and they said that if an appeal by DWP was received late then it would be very unlikely for a late appeal to be admitted.
    They tell me it is quite rare for an appeal to be made to the Upper Tier Tribunal after a Statement of Reasons has been issued but each case is individual therefore there are no guarantees.

    My claim was made in March this year so I will complain of maladministration. The RNID website says most hearing impaired people get turned down with the initial application for DLA and most are successful on appeal but the DWP no not seem to want to learn. Probably the money saved on refusing applications outweighs the cost of appeals.


  15. #15
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    my case has been a nightmare from beginning to now,first in feb i lost my pca,was given only 3 points,then when asked to look again at my case they said it had gone for re-work as there was a discrepancy with the points,then after several phone callsicon by me because of the time it was taking they admitted they had lost my file!!a copy was issued to the dm and then they found my file,i ended up with 2 lots of appeal papers,its been one horrible year and i feel like giving up on the whole thing


  16. #16
    Basic Account Holder MelissaTeddyBear Novitiate

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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Hello ee-bee,

    Sounds like you have had a lot to contend with. Sometimes you might imagine the DWP searching for reasons to refer your case to an Upper Tier Tribunal and putting a lot of time and effort in to that. In reality the DWP is understaffed and under resourced to properly do the volume of work they have to process and often in arrears with work. Therefore if you have not heard anything by the end of one month from the date of the statement of reasons it is probably sitting in a pile of work to be processed.
    Give up after what you have already achieved getting the tribunal to overturn the DM's decision. Not on your nelly.


  17. #17
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    thanks for the support,my statement of reasons was issued on the 4th nov,but because i`v not heard of anyone else having this problem i`v took it quite personal and yes your right i visulize them spending hours trying to find a reason not to give me my money,


  18. #18
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    just out of interesticon, does the month go from ,eg, 1st nov to 1st dec or is it 4 weeks,eg,4weeks wed gone?


  19. #19
    Basic Account Holder MelissaTeddyBear Novitiate

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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    Hello ee-bee

    Goes from 1st November to 1st Dec. Goes from date sent rather than date received.

    You may find the following useful :-

    www.appeals-service.gov.uk/
    Left of page How to appeal Guidance on how ....
    Click How to a appeal leaflet
    Page 30.

    The leaflet and website give a good background to the appeals process.

    No post today.

    All the best.


  20. #20
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    Default Re: Incapacity Benefit: DWP appealing the tribunal's decision?

    hi, thanks for the link,no post here either,i`m sure one of these days someone will go to the papers or press about these medicals,etc,there must be hundreds of appeals going on,it has to be costing someone somewhere a lot of money



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