Will DWP appeal Tribunal decision?

ceegee

Having been placed in the ESA support group (practically in my absence) on Wednesday, I have received the Decision Notice today. Regulations 29 and 35 applied and a recommendation for no re-assessment.

I had not realised until now that, even at this point, the DWP can appeal the decision. Any relief that I had felt has now evaporated, I really thought it was all over. Does anyone know what is the likelihood of the DWP appealing? I know it's probably an unanswerable question.......but I would appreciate any information in this regard.

Thank you.

Alice_Holt

They can only appeal to the Upper Tribunal on the basis that the FTT made an error in law.
First they need to apply for a statement of reasons from the FTT.

Very slim possibility, I would have thought. The FTT are usually quite good at explaining why they came to their decision and why particular evidence was preferred.

* FTT = first tier tribunal.

ceegee

Thank you Alice. They were very detailed in their reasoning, so that is hopeful then. Otherwise, from the information enclosed with the decision, there could be many more months of uncertainty. I don't think I could take much more of this, really. I feel just like I felt before the Tribunal, but I suppose that in reality I am a bit further forward. I had no idea that there would still be an opportunity for the DWP to appeal, although I see from the letter that the same opportunity would be available to me if I wasn't happy with the Tribunal's decision.
Thank you again.

TELLIT01

DWP have the right in law to appeal decisions and that is why it is stated on any letters you receive following a tribunal. Unless DWP are very sure that a mistake has been made it is unlikely they would appeal.