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Thread: pip and their solicitors

  1. #1

    pip and their solicitors

    can anyone help ive won tribunal and SOR is really good but they have now given it to their solicitors a week before they have to apply to ut or payout is this right and are all timescales void as they said they are now. surely this cant be right

  2. #2
    They are correct. DWP have as much right to appeal as you do. However, its highly unlikely they will go to upper tribunal. I'm afraid you'll have to be patient. All timescales are not void, they still have to stick to tribunal timescales at least loosely anyway.

  3. #3
    I agree you have to be patient - sorry.

    As regards time limits I have found this

    Late applications
    A5643 If the application to the UT (Upper tribunal) is made later than the time in A5640 (4 weeks) or any extension of
    time allowed by the UT1
    then the application must include a request for extension of
    time and reasons why it was not on time

    2 The UT can only admit the application if
    they have extended the time limit

    If I have read this correctly then they can extend the time limit if they request to do so and have reasons why it was not made in time.

    I know this isn't what you want to hear but as already said the DWP has to have the same opportunity as any PIP claimant to apply to the Upper Tribunal to overturn the decision.

    As previously said this application to the Upper Tribunal can only be made in certain circumstances (usually points of law) hence the DWP sending the SOR to their solicitor.

    It is no good any of us giving you false hope but it is unusual for the DWP to apply to the Upper Tribunal.

    There is nothing you can do until the DWP get in touch so try to put this to one side. Worrying about it and questioning the legalities of it just raises stress levels. From what you have said it is all being done within the legislation.

  4. #4
    I went to tribunal in December and was awarded enhanced rate and DWP decided to go to the upper tribunal. The case is still with the upper tribunal at the moment. Its very shocking that the dwp harass disabled people like this.

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