PIP and tribunals

dipsy

letter received from DWP this morning
"we are writing to tell you we can only pay you£"" at the mobility rate from ** 2013.

This is because we've applied to her majesty's courts and tribunal service for a statements of the reasons for the decision made on **** 2014 as we want to consider applying for permission to appeal against their decision. I'm sorry but we won't be paying you the additional benefit awarded by the first tier tribunal at the present time"
"we normally have one month to consider applying for permission to appeal. The period of one month starts from when the first tribunal's statement of reasons has been issued. If we decide not to apply for the permission to appeal we will start paying you the additional benefit straightway and we'll pay you any money we owe you. if we apply for permission to appeal and it is not granted we we'll consider if we can start paying you the additional benefit"
If we're given permission to appeal to the upper tribunal it is likely to be several months before the appeal in heard. Payment of the additional benefit won't be made during this time"
"There is no right of appeal against the decision not to pay you the additional benefit, but it it causes you hardship, please get in touch with us straight away"


Has anybody else had one of these after a tribunal? is this normal... are they going to force me to go to another tribunal

HB58

This is not common but does happen occasionally. The DWP have the same right of appeal as the claimant. That means that they have to find an 'error in law' in order to appeal to the Upper Tier Tribunal, they cannot appeal just because they do not like the decision.

Unfortunately, it can take some time for the Statement of Reasons to be issued, you should get one too, then DWP have 4 weeks in which to peruse the document and decide whether there might be reason for appeal. The Upper Tier Tribunal have the power to overturn the first appeal decision and send your case back for another hearing.

dipsy

thank you will just have to wait and see what happens

Superfraggle

Hey dipsy, what happened in the end? Did you get your money now, 3 months later? I'm in the same position, waiting...