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DWP ignoring appeal decision?

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9 years 6 months ago #126192 by Gordon
Replied by Gordon on topic DWP ignoring appeal decision?
Jonboy

I am afraid that the GL24 specifically requires the date of the Decision being appealed to be completed and would be rejected if the date was not included, an appeal can only apply to one Decision.

As it would appear you were properly notified of the second Decision I cannot see anyway for you to now challenge it.

To request a re-assessment all you need to do is to write to the DWP and explain that your condition has deteriorated and you want to be re-assessed for the Support Group, send it to the office that last dealt with your ESA claim, the address will be on any letters you have received from them.

Gordon

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9 years 6 months ago #126204 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
Thanks again.

I've just looked at the papers more closely:

For the “Date at the top of the letter about the decision” I gave 2 March 2013. However in the papers the DWP sent to the tribunal the “Date of the Decision” was given as 1 10 2012.

In the DWP tribunal papers the “Date decision notified” was given as 02 Mar 2013, however I was originally informed about the first decision by a 5 page letter, numbered 1564/3318, dated 1 October 2012.

(The Tribunal decision was to set aside the decision made on 1 October 2012.)

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9 years 6 months ago #126206 by Gordon
Replied by Gordon on topic DWP ignoring appeal decision?
Jonboy

If you are saying that your appeal request clearly referenced the second Decision and the hearing heard only details of the first, then you should contact the Tribunal Service about this, however, I think it unlikely that they will act on the matter, factors that will count against you are that you could have corrected the mistake before the hearing, on the day of the hearing or on receiving the Tribunals Decision Letter, but it is probably worth your giving them a call to see what they see.

Gordon

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9 years 6 months ago #126207 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
Dear Gordon,

Many thanks for the advice.

Jonboy

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9 years 6 months ago #126334 by jonboy46
Replied by jonboy46 on topic DWP ignoring appeal decision?
I did get a call back from the local DWP, got same advice to request re-assessment of last decision. She sent a reply paid envelope and promised to get it to the decision maker asap. Have just sent the request in.

Many thanks again.

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9 years 6 months ago #126335 by Gordon
Replied by Gordon on topic DWP ignoring appeal decision?

jonboy wrote: I did get a call back from the local DWP, got same advice to request re-assessment of last decision. She sent a reply paid envelope and promised to get it to the decision maker asap. Have just sent the request in.

Many thanks again.


I am afraid that I can't see how this will work, even if you could now request an MR, which you can't as the Decision in question pre-dates the October 2013 date when MRs were introduced, the Decision in question is still more than 13 months ago and outside the time in which a challenge can be made.

You obviously lose nothing by bouncing it back to the DWP, but I wouldn't hold your breath.

Gordon

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