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xDeex

I won my pip tribunal but dwp sent me a letter saying they may be appealing my win?

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I feel so upset and frustrated. I got pip for a year, then after an assessment for renewal they did not award me enough points to carry on getting it. Before I was getting the standard care rate.

 

I appealed and asked for the mandatory reconsideration but again the DWP refused to award me.

 

Only after being sent out all the forms did I see where the missing points were. I am working with Harc and it was for preparing food and both the recent form, and previous form my answers were the same yet they did not award the 4 points the second time but gave me the same points for the same things as last time, bar that.

 

So, I appealed and went to the tribunal and they awarded me more points which took me to enhanced care and lower mobility and I thought great, finally over.

 

Got a letter through dated the 24th (my appeal was on the 18th) and it says

we've applied to the tribunal or a statement of the reasons for the decision made on the 18th as we may wish to consider applying for permission to appeal against that decision. I'm sorry we won't be paying you the benefit awarded by the first-tier tribunal at the present time.

 

We have one month to consider applying for permission to appeal. The period of one month starts from when they first=tier tribunal reasons has been issued. If we decide not to apply for permission to appeal we'll start paying you the benefit strait away and we'll pay money we owe you, if we apply for permission to appeal and it's not granted, we'll consider if we can start paying you (what do they mean they'll consider if they can start paying me???)

 

I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this.

 

Please can someone help me understand what's happening here and what I should do.

 

Much appreciated.

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I'm getting so upset and no idea what to do next. How do I find out when this month starts and ends and is it common for the DWP to be granted permission to appeal. What will they be appealing? the points I've been awarded? I thought the judge at the appeal I went to had the upper hand so to speak, why am I now being put through this.

 

The DWP use this excuse on a fairly regular basis. However, they can only appeal if the judge has made an error of law. Very few cases actually get successfully appealed by the DWP (or even go to appeal), so this is often a delaying tactic on their part. The one month time limit started on the 18th when the tribunal handed down their decision.

 

With any luck, your backdated payments should be in your bank account in time for Christmas.


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The DWP use this excuse on a fairly regular basis. However, they can only appeal if the judge has made an error of law. Very few cases actually get successfully appealed by the DWP (or even go to appeal), so this is often a delaying tactic on their part. The one month time limit started on the 18th when the tribunal handed down their decision.

 

With any luck, your backdated payments should be in your bank account in time for Christmas.

 

 

Hello and thank you very much for replying to me. When you say if the judge made an error in law, can you possibly explain what hat means. Can DWP try and say they don't believe I should of been awarded the points for which were awarded to me. I am glad to know it's the 18th of Dec and I so very hope I get it in time for xmas. I'm so stressed out by this.

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Hello and thank you very much for replying to me. When you say if the judge made an error in law, can you possibly explain what hat means. Can DWP try and say they don't believe I should of been awarded the points for which were awarded to me.

 

I'm not an expert on these things, but an error of law would be when the tribunal used the wrong legislation or ignored prior case law. The DWP could also appeal if they thought the tribunal failed to consider certain facts, but this angle is usually used if (for example) you were appealing.


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I'm not an expert on these things, but an error of law would be when the tribunal used the wrong legislation or ignored prior case law. The DWP could also appeal if they thought the tribunal failed to consider certain facts, but this angle is usually used if (for example) you were appealing.

 

Thank you very much.

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Where can I find the legislations they have to follor, and not sure what prior case law means? Thanks, x

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Have a look at this CAG link: http://www.consumeractiongroup.co.uk/forum/showthread.php?407139-Personal-Independence-Payment-(PIP)-Sources-of-Interest-Updated-Oct-2015(1-Viewing)-nbsp


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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[...] not sure what prior case law means? Thanks, x

 

Simply put, case law is a ruling handed down by the High Court (or Supreme Court) on a specific case. This is then used as definitive guidance in similar cases in the lower courts.


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Simply put, case law is a ruling handed down by the High Court (or Supreme Court) on a specific case. This is then used as definitive guidance in similar cases in the lower courts.

 

Upper Tier Tribunal (UTT) decisions set the precedents/case law which the lower First Tier (FTT) follow.

 

These UTT decisions can then be over written by a later UTT decision. If still not happy UTT decisions can then be escalated as Mr P stays until it reaches the Court of Appeal as it is the highest court in the land.

 

Most of the time the UTT just throws everything back to the FTT to make a new decision if it thinks there is an error. It's very rare for anything to advance beyond UTT and even rarer to get to the Court of Appeal.

 

Not because of obstruction but the fact it's usually dealt with at some point by a Court between FTT & Court of Appeal.

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If still not happy UTT decisions can then be escalated ...... until it reaches the Court of Appeal as it is the highest court in the land.

 

The Supreme Court may be a bit worried to hear that "the Court of Appeal .... is the highest court in the land." !

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