How often do DWP appeal to Upper Tribunal?

DWPvictim

My son has won a 1st Tier tribunal and subsequent appeal about ESA and Permitted Work. This has taken nearly 2 years to get this far!! In the meantime they have been withholding his ESA payments (which they confirm he is entitled to) although he still gets PIP. They had until last week to decide whether to take their case to Upper Tribunal but we've heard nothing. How likely is this and how long is it likely to take as it is causing him great personal problems. He is unable to get rented accommodation for him, his partner and baby until this is resolved. He has been approved for Universal Credit but is not getting any actual money!! Thanks

HillStreetBlues

It is rare the DWP take it to the UT.
It can only be done of a point of law, not simply that they don't agree with the decision. Not sure what the time-frame is.
If the DWP does decide on going to UT you will get the reason for them doing so.

Alice_Holt

Very infrequently, and only if the FTT have erred in law.

DWPvictim

Thank you very much. You are right! We’ve just got through to DWP and they confirm they will not be taking this case to the UT. Hurray! It is almost 2 years later but we finally got a fair result.