- Posts: 8169
× Members
Tribunal Decision
- Gary
- Offline
Less More
1 year 11 months ago #275866 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal Decision
Hi Gash-24
I am not sure about Statement of Award, usually if you are thinking of appealing a Tribunal decision you have to request a Statement of Reasons within one month of the decision, once you get your statement of Reason you then have one month to appeal to the Upper Tribunal on a point of law.
You cannot do anything, you just have to wait for the outcome, sometimes DWP will appeal a decision other times they will request a statement of reason and not go any further, I had one of those cases a few years ago, in the end they decided not to appeal as the judge had gone through the statement of reasons thoroughly leaving no error in Law.
Gary
I am not sure about Statement of Award, usually if you are thinking of appealing a Tribunal decision you have to request a Statement of Reasons within one month of the decision, once you get your statement of Reason you then have one month to appeal to the Upper Tribunal on a point of law.
You cannot do anything, you just have to wait for the outcome, sometimes DWP will appeal a decision other times they will request a statement of reason and not go any further, I had one of those cases a few years ago, in the end they decided not to appeal as the judge had gone through the statement of reasons thoroughly leaving no error in Law.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gash
- Topic Author
- Offline
Less More
- Posts: 24
1 year 11 months ago #275879 by Gash
Replied by Gash on topic Tribunal Decision
Hi Gary,
I do apologies I did mean the DWP have requested a Written Statement Of Reason (WSOR).
I will keep you up to date.
Thank you for your reply
Kind Regards
I do apologies I did mean the DWP have requested a Written Statement Of Reason (WSOR).
I will keep you up to date.
Thank you for your reply
Kind Regards
Please Log in or Create an account to join the conversation.
- LL26
- Offline
Less More
- Posts: 1416
1 year 11 months ago #275884 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Tribunal Decision
Hi Gash-24,
...to add to Gary's reply...
This might just be a routine thing, or DWP might genuinely think that the tribunal made a mistake. The statement of reasons (WSOR) is the full explanation of the decision. DWP will go through this and consider if there is an error of law. This could be something wrong with the procedure, or most often that the incorrect law has been applied. I wouldn't worry unduly, if DWP do appeal you will get copied in and will get to see their arguments. You will then get a chance to respond. As Gary says DWP sometimes obtain the WSOR to check it, and take it no further. If DWP appeal and you don't understand by all means repost here and we will endeavour to help if we can. There really is nothing you can do at present but wait. It is frustrating, but nothing else can be done.
LL26
...to add to Gary's reply...
This might just be a routine thing, or DWP might genuinely think that the tribunal made a mistake. The statement of reasons (WSOR) is the full explanation of the decision. DWP will go through this and consider if there is an error of law. This could be something wrong with the procedure, or most often that the incorrect law has been applied. I wouldn't worry unduly, if DWP do appeal you will get copied in and will get to see their arguments. You will then get a chance to respond. As Gary says DWP sometimes obtain the WSOR to check it, and take it no further. If DWP appeal and you don't understand by all means repost here and we will endeavour to help if we can. There really is nothing you can do at present but wait. It is frustrating, but nothing else can be done.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gash
- Topic Author
- Offline
Less More
- Posts: 24
1 year 9 months ago #276180 by Gash
Replied by Gash on topic Tribunal Decision
Hi All,
Happy New Year!!!
Following on from my previous post. I have received a letter to inform me DWP have requested Written Statement of Reason (WSOR).
Can you give me any advice on next steps?
Also will I automatically receive all correspondents or do I need to request them?
Kind Regards
Happy New Year!!!
Following on from my previous post. I have received a letter to inform me DWP have requested Written Statement of Reason (WSOR).
Can you give me any advice on next steps?
Also will I automatically receive all correspondents or do I need to request them?
Kind Regards
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51290
1 year 9 months ago #276196 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Decision
Gash-24
The next step is that you and the DWP wait for the SoR to be produced, and you will automatically receive a copy.
Next, the DWP will have one calendar month to request an appeal with the Upper Tier Tribunal, again you will be notified of this. If they do not make such a request then they must honour the Decision of your First Tier Tribunal.
Gordon
The next step is that you and the DWP wait for the SoR to be produced, and you will automatically receive a copy.
Next, the DWP will have one calendar month to request an appeal with the Upper Tier Tribunal, again you will be notified of this. If they do not make such a request then they must honour the Decision of your First Tier Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gash
- Topic Author
- Offline
Less More
- Posts: 24
1 year 9 months ago #276216 by Gash
Replied by Gash on topic Tribunal Decision
hi Gordon.
Thank you for latest reply,
I have now received an appointment to attend a video assessment. Can you give advice on preparing for it?
I really appriciate all the support from the Moderators
Gale
Thank you for latest reply,
I have now received an appointment to attend a video assessment. Can you give advice on preparing for it?
I really appriciate all the support from the Moderators
Gale
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David