- Posts: 8
Tribunal Award;Can DWP reject decision?
- Helen
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Does any one know if the DWP can appeal/reject the Tribunals decision?
I have read of a very few cases where this has happened, basically I am worried that they will decide to this with my son & prolong his agony even longer.
I wont be happy until he has a letter from the DWP to confirm,but we all know how long they can take to inform !!!
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- Crazydiamond
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- Posts: 2022
Hi, My son has just been made Tribunal award of HRM & LRC; he received the letter from the tribunal confirming this last week (10 days after the actual Tribunal).
Does any one know if the DWP can appeal/reject the Tribunals decision?
I have read of a very few cases where this has happened, basically I am worried that they will decide to this with my son & prolong his agony even longer.
I wont be happy until he has a letter from the DWP to confirm,but we all know how long they can take to inform !!!
The DWP have the same rights as a claimant/appellant to appeal to the Upper Tribunal on a point or points of law, but these cases are relatively rare as unlike a claimant/appellant it costs the DWP to make such a referral, so they must be sure they have a reasonable chance of success.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- linsky
However, I had a point of law to appeal with and eventually, after a long hard slog got the decision 'set aside' and a fresh Tribunal heard the case.
When I attended, this time I had a representative, but the DWP did not send anyone along to put their case. This is something that has always baffled me. I wondered if it was possible that the DWP rep whom attended the first appeal reported back to his superiours that mine was a genuine case. I will never know (perhaps CD may have an idea) but I won my case with HRC and LRM - exactly what my representative had asked for. It took the Tribunal just a few minutes to make their decision.
So, if the DWP were so set against you as they first were against me, I would have expected them to send someone along to represent their interests.
May I offer you my sincere best wishes on your success. Not forgetting the success of this site.
Linsky
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- originaldave
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- Helen
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- Posts: 8
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