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Tribunal Statement of Reasons

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Is it normal practice for DWP to ask a tribunal (to which they didn't attend) for a statement of reasons regarding the appeal decision in my favour?
:huh: (ESA)

First thing I knew about it was when the Tribunal statement of reasons appellants copy came through my letter box.:shocked:

Comments

  • paragon909
    paragon909 Posts: 1,498 Forumite
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    Is it normal practice for DWP to ask a tribunal (to which they didn't attend) for a statement of reasons regarding the appeal decision in my favour?
    :huh: (ESA)

    First thing I knew about it was when the Tribunal statement of reasons appellants copy came through my letter box.:shocked:

    well yes, Because it contains both the doctors and judges reasonings why they found it in your favour. But you won you should be glad you dont need to worry now :) You dont get a Statement of Reasons from the tribunal if you fail you only get one if you call the courts and ask for it so it could be checked if they made any errors in law to take it to the upper tier tribunal...
  • JaneDoeJohnDoe
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    paragon909 wrote: »
    well yes, Because it contains both the doctors and judges reasonings why they found it in your favour. But you won you should be glad you dont need to worry now :) You dont get a Statement of Reasons from the tribunal if you fail you only get one if you call the courts and ask for it so it could be checked if they made any errors in law to take it to the upper tier tribunal...

    I am pleased & relieved that I won - taken a lot of effort. Trying not to worry. My thoughts were that dwp were going to take it to upper tier as they don't agree with it. :mad:
  • HB58
    HB58 Posts: 1,787 Forumite
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    Don't forget that DWP can only go to Upper Tier Tribunal if they can show an Error in Law, not just because they don't like the decision.
  • JaneDoeJohnDoe
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    HB58 wrote: »
    Don't forget that DWP can only go to Upper Tier Tribunal if they can show an Error in Law, not just because they don't like the decision.

    Yes, I know, but I'm finding it very difficult not to be nervous that the DWP will delay paying out & will find an 'error in law" so that they can stretch the time out until I'm due another WCA. I found this document on the net https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/345739/dmgch06.pdf

    & this line is quite important on pg88 - Note: The DM should not request a statement unless the case is being considered as a potential appeal to the UT.

    Appendix 2 is quite scary too!
  • dipsy
    dipsy Posts: 3,137 Forumite
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    I had a tribunal in November, the DWP did attend, they said they might appeal and ask for a statement of reasons, from the time of the statement of reasons being written to being paid was about 7 weeks about 9 weeks in total from the tribunal. Like you I was stressing, but they paid fairly quickly after their time past for appeal.

    What date was the SOR written and what length of time have they got to appeal?
    2007 £1749
    2008 £291.99
    2009 JanMasscara £7.00 Feb megcabot books x 2 £20 XFactor tkts x 2 £58.00 (couldn't go though as they only phoned on day :-( ) foundation £7.99
    total so far for 09 £92.99
  • JaneDoeJohnDoe
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    SOR was sent about 5 days ago, so I'm assuming they have 1 month from then. If the DWP had actually attended the appeal & 'argued their case' then to me it would have been fairer. Now to me it just seems like toys out of pram to delay my payments until it's time for another WCA
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