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DWP fail to respond with in th 28days to the appea

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9 years 2 months ago - 9 years 2 months ago #130087 by Suz
I logged my pip appeal on the 7th a January. I had acknowledgement from the tribunal and they contacted the DWPwho had to respond within 28days. The 28days was up on the 4th February but we hadn't heard anything. We contacted the tribunal on Friday 20thFebruary who confirmed that theDWP failed to respond within the set 28 days. The judge has wrote to the tribunal for a second time on the 16th February, they have given them just 14days to reply. Is it common for the DWP to to respond? I think if they fail to respond with in this time frame the judge is going ahead with the hearing without any contact from DWP.
Last edit: 9 years 2 months ago by .

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9 years 2 months ago - 9 years 2 months ago #130133 by

Suz wrote: I logged my pip appeal on the 7th a January. I had acknowledgement from the tribunal and they contacted the DWPwho had to respond within 28days. The 28days was up on the 4th February but we hadn't heard anything. We contacted the tribunal on Friday 20thFebruary who confirmed that theDWP failed to respond within the set 28 days. The judge has wrote to the tribunal for a second time on the 16th February, they have given them just 14days to reply. Is it common for the DWP to to respond? I think if they fail to respond with in this time frame the judge is going ahead with the hearing without any contact from DWP.


Hi S,

A failure to respond within the 28 days is not uncommon for The DWP.

They would generally request an extension under this scenario.

If the Judge is that way inclined, the hearing can be held without any input from the DWP.

This is not that common though.

bro58
Last edit: 9 years 2 months ago by .

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9 years 1 month ago #130794 by Suz
Good afternoon all, just a little update, my mum is my representative and she has just contacted the Tribunal on my behalf as the 2 week extension the Tribunal gave the DWP has now passed and I haven't had any correspondence. The Tribunal have just confirmed that there has been no response from the DWP therefore my file has been passed back to the judge hopefully I shall have some news in the next couple of weeks. I can't believe that the DWP can fail to respond to the tribunal, we couldn't get away with it. The annoying thing is that I was only one point away from my award and they haven't taken onboard my cognitive impairment nor have I had an assesment. This is all stress that I could do without!!
The following user(s) said Thank You: Gordon

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9 years 1 month ago #132080 by Suz
Update, still no response from the DWP my file has been passed to the chief judge as they have had no response. In the next week I should hear from the tribunal, I assume with a date for my hearing. What normally happens in this situation. If the hearing goes ahead will the DWP loose their right to speak in the hearing?

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9 years 1 month ago #132095 by Gordon

Suz wrote: Update, still no response from the DWP my file has been passed to the chief judge as they have had no response. In the next week I should hear from the tribunal, I assume with a date for my hearing. What normally happens in this situation. If the hearing goes ahead will the DWP loose their right to speak in the hearing?


I doubt it, the Judge has a responsibility to ensure that the hearing is fair to all parties, but anything that a DWP Presenting Officer might say and that assumes that one attends which is statistically unlikely, would be unsubstantiated.

It is important that you are aware that even if the DWP do not submit any documentation to the hearing, you still need to show that you meet the criteria for the benefit.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 1 month ago #132222 by Suz
Thank you for your reply, I got no issue with the DWP being there in fact if they were there it would probably be to my advantage, my disability and pain is clear to see. I got nothing to hide, to be honest i believe had I had an assesment when I applied for my PIP then I wouldn't have been in this position now. In my reconsideration letter I asked if they could come and asses me as I have had no assesment. If I didn't think I was entitled to a benefit then I wouldn't apply for it. I have a strong work ethic and up until the onset of my condition I always worked full time. I am 40 years of age and until now never claimed any benefit. Without going into too much detail I have a very complex spinal condition called spondylolisthesis (grade 4) plus degenerative disc and sacroiliac joint dysfunction. I have had 3 major spinal operations in just 2 years. I am housebound and totally rely on family, medical evidence from gp and surgeon has been submitted to support my claim.

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