Re:Statement of Reasons request by the DWP

Hi Callisto

I'm afraid your MP is not likely to be able to help because the DWP are only exercising their legal right.

It is quite rare for the DWP to apply for a statement of reasons, most Upper Tribunal appeals are initiated by the appellant. UT appeals are frequently referred to a fresh tribunal.

As Steve mentioned, they are not certain to press ahead with a UT appeal. It doesn't cost anything to request a SOR but I understand that the DWP have to pay costs when appealing to the UT, unlike appellants, so they appeal to the UT infrequently.

If it does go back to a fresh tribunal, the UT always directs that the tribunal consists of members not previously involved with the appeal.

Best of luck

Derek

I've heard of this happening to other people, but the DWP still lost when it went back to the first tier tribunal.

If the rep knows the judge is a bit sloppy, then perhaps the DWP are making the most of it ( the same has any claimant would ).

The upper tribunal may reject the appeal yet.

Fingers crossed for the pair of you and good luck.

Thanks for all your replies and concern. Its a worry for me as like her i have ME and have undergone a similiar process.
Its interesting that they dont have to pay for an SOR so maybe as it costs them nothing it may just be that they have decided to flex their muscles because they can. The EMP in her case just wrote a work of fiction and so without stating the case here, they probably dont like it as the tribunal has reinforced the claimants situation so the reality is so vastly different from the EMP report. Also and maybe i am being overly paranoid about this, as i also have ME, they just dont like ME!!!
I have said to her that if she manages to prove that, she should take it further.
This is so unpleasant as initially i did think this was a formality when i first asked a couple of weeks ago.
You are probably right about the MP, he will not be able to influence a right in law but he could suggest that the rules be applied evenly as in one of the support groups i have attented, nearly everybody was turned down either intially or lost their appeal. Please dont think i am saying that one illness is more important than the other, may i state that i am not, but like some MS and other auto immune conditions, it is harder to gain an award.
I should stop the paranoid stuff as it does not help really.
If they sent someone from the DWP, then we would know straight away, maybe they are having to "moniter" and justify the bad decisions that are being taken initially?
Callisto x