Fobbed off?

Hi,

I'm appealing a DLA decision. It's already gone past the mandatory reconsideration phase and I have all the paperwork for the appeal.

I've sent several pages of additional evidence to the Tribunals Service along with copies to the DWP. My MP has also been involved in the case.

I was led to believe that when supplying additional evidence, even after a case has been forwarded to the Tribunals Service, a DWP decision maker would still review the new material in the context of the application in order to see if it changes anything which would make it unnecessary to go to the tribunal.

Today I had a phone call from my MP's office. They have now been told by the DWP that because the case has been sent to the Tribunals Service, my file has effectively been "locked in a cupboard" and nobody at the DWP can access it anymore and it's out of their hands. They won't look at it anymore, nor will they consider additional evidence, and it's just up to the Tribunals Service to decide.

Does that sound right, or has my MP been fobbed off by the DWP? Is there anything I can do?

I don't know about your case file being 'locked away' but I certainly wouldn't normally expect DWP to look again once your case has been forwarded to the Tribunal Service. I have heard of a decision being reconsidered at the last moment, but it is not usual.

Ok, thanks. But that begs the question why the DWP still need to see copies of further evidence sent to the tribunal if they've already seemingly washed their hands of the case and won't look at it again.

Hi J,

See these extracts from DM Guide Vol 1 Chapter 3, under the heading "Revision while appeal is going on" @ 03251 to 03253 :

"03251 The DM may revise at any time before the appeal is determined where an appeal, including a late appeal, is made within the time limits (see DMG Chapter 06).


03253 Where new information is provided after the submission has been written and sent to the TS, a revision should be considered. Where the decision is revised, the TS should be informed immediately, especially where the appeal is to be lapsed."

From this document :

DM Guide Vol 1 Chapter 3.

There is further information regarding this in Chapter 6 :

DM Guide Vol 1 Chapter 6.

Which seems to imply that a DM can revise a decision if fresh evidence is provided, even after the appeal has been forwarded to The TS.

Of course once the TS are dealing with the appeal you should forward any fresh evidence to them, they should then pass copy back to The DWP.

The DM Guides RE : Decision Making and Appeals are under the heading : Volume 1 – Decision Making and Appeals

On this page : Decision makers’ guide: Vol 1: Decision making and appeals: staff guide

bro58

You should send any further evidence to the Tribunal service. They will send a copy to the DWP as it is a point of UK justice that both parties should have access to all available facts - don't forget that this is still a legal process, although it is much less formal than a criminal case!

Thanks both.

bro58, 03253 is exactly what I thought should happen. Ideally that's what I wanted my MP to try to push for - for a DM to consider the case again in light of the new information which I think is significant. I may well send a copy of that paragraph to my MP's office and see what they say.

Thanks again.