Hi

I submitted an appeal 12 weeks ago for a wrag to SG. I note in this website you advise an average of 11 weeks for a reconsideration period and receival of second invitation for appeal from tribunal services. I've not heard anything at all from anybody as yet.

Meantime I applied for a SARS and they sent all system records but indicated they were currently unable to locate clerical records which they would send on. Do you know what the missing records refer to ?

Because i requested a SARS does that mean the DWP will not now send all the paperwork which they would automatically send to me if they do forward the appeal on to the tribunal services ? Or are they still obliged to send that appeal paperwork to me regardless of the SARS request ?


I've had no phone calls, though i did advise against phoning.
If i phone, in the past i just get any old dwp operator and the call is really unspecific.

How best should i handle the situation now ?

thanks

n

nicholson

The DWP should have acknowledged your appeal within two weeks, although this has extended to 4-5 weeks due to most offices being overloaded, so If you have heard nothing then you should contact your local office to find out what is going on.

With regard to your records, the DWP maintain at least two sets of records for you. One is stored and maintained on the DWP computer system, you appear to have received a copy of this. The second, is a physical file containing the documents (eg. ESA50, medical report, etc.) related to this claim, there may be other files containing docs from previous claims, although these tend to be destroyed after a period of time.

It may well be that your physical file (this may be referred to as an ESA55), has been moved between offices, and that is why they are having problems locating it. I would keep pushing for a copy of it as you are entitled to. If the call centre are unresponsive, you can escalate the issue to the Customer Manager, although this usually requires a call back.

With regard the appeal, the DWP have to submit a file to the Tribunal Service containing all of the information used to make the Decision, this process is independent of any SAR you have submitted, and you should still receive this information if the DWP do not revise the Decision in your favour.

Gordon