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Won appeal but still not enough for atos
- Ian Garforth
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11 years 1 month ago - 11 years 1 month ago #119401 by Ian Garforth
Won appeal but still not enough for atos was created by Ian Garforth
Hi
Wondered if anyone out there has had a similar experience and would tell me how things worked out.
I won my appeal in March 2014 and was moved from the work related group and placed in the support group by the judge.
Two weeks later I contacted Works and Pensions to find out when I could expect my benefit to be reinstated. I was told that even though they had received the Decision Notice they have now requested more detailed reasoning from the judge.
They went on to say that, once they receive further information and only if they agreed with the judge would my benefit be reinstated.
Wondered if anyone else has had this problem, as naively, I thought that once the judge made the decision it was final.
Thanks
Wondered if anyone out there has had a similar experience and would tell me how things worked out.
I won my appeal in March 2014 and was moved from the work related group and placed in the support group by the judge.
Two weeks later I contacted Works and Pensions to find out when I could expect my benefit to be reinstated. I was told that even though they had received the Decision Notice they have now requested more detailed reasoning from the judge.
They went on to say that, once they receive further information and only if they agreed with the judge would my benefit be reinstated.
Wondered if anyone else has had this problem, as naively, I thought that once the judge made the decision it was final.
Thanks
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago #119402 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Won appeal but still not enough for atos
I
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Although you have won your Tribunal, the DWP are entitled to challenge the Decision in exactly the same way as you could have, had you lost your Tribunal.
However, they can only challenge the result if they can show that there was an Error of Law in the proceedings
What is an Error of Law?
So they cannot challenge the Decision simply because they disagree.
The first stage to their challenging the Decision is for the DWP to request a written Statement of Reasons from the Judge, I am afraid this can take 4-8 weeks to produce (and sometimes longer), you will also get a copy of this, once this is received they will then have one month to lodge an appeal.
Even though they have requested a SoR it does not mean that they will then appeal, as they may not be able to show that there is an Error.
I am afraid that the DWP is entitled to withhold payment until this matter is resolved in order to prevent an overpayment.
Although it is not you looking to appeal the Decision I would recommend that you get face to face advice from an advisor with experience in appeals to the Upper Tribunal, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Although you have won your Tribunal, the DWP are entitled to challenge the Decision in exactly the same way as you could have, had you lost your Tribunal.
However, they can only challenge the result if they can show that there was an Error of Law in the proceedings
What is an Error of Law?
So they cannot challenge the Decision simply because they disagree.
The first stage to their challenging the Decision is for the DWP to request a written Statement of Reasons from the Judge, I am afraid this can take 4-8 weeks to produce (and sometimes longer), you will also get a copy of this, once this is received they will then have one month to lodge an appeal.
Even though they have requested a SoR it does not mean that they will then appeal, as they may not be able to show that there is an Error.
I am afraid that the DWP is entitled to withhold payment until this matter is resolved in order to prevent an overpayment.
Although it is not you looking to appeal the Decision I would recommend that you get face to face advice from an advisor with experience in appeals to the Upper Tribunal, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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