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No documents from DWP following appeal lodge
- Jackie Vallerius
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9 years 1 month ago - 9 years 1 month ago #131564 by Jackie Vallerius
No documents from DWP following appeal lodge was created by Jackie Vallerius
Hi. Wonder if you could tell me what happens when the DWP haven't responded to the appeal submission?
My daughter's appeal was submitted and accepted on 10th February 2015 and, as I understand, the DWP have 28 days to respond with the necessary papers to allow us to look at the decision making process. We are now 35 days down the line and have had nothing. As well as not following the rules, we've agreed to accept an appeal date with less than 14 days notice and it may be that we won't have enough time to seek advice before the date if we can't get the papers soon.
Any advice? I know we could phone the tribunals service but surely they've not adhered to the rules and there must be some recompense? If we had not appealed within the one month timescale it would have been thrown out after all.
Many thanks
My daughter's appeal was submitted and accepted on 10th February 2015 and, as I understand, the DWP have 28 days to respond with the necessary papers to allow us to look at the decision making process. We are now 35 days down the line and have had nothing. As well as not following the rules, we've agreed to accept an appeal date with less than 14 days notice and it may be that we won't have enough time to seek advice before the date if we can't get the papers soon.
Any advice? I know we could phone the tribunals service but surely they've not adhered to the rules and there must be some recompense? If we had not appealed within the one month timescale it would have been thrown out after all.
Many thanks
Last edit: 9 years 1 month ago by . Reason: tick
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- slugsta
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9 years 1 month ago #131567 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic No documents from DWP following appeal lodge
I'm afraid I cannot suggest any alternative to contacting the TS. They will decide what happens next - from prior experience I would expect them to award the DWP extra time to respond.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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9 years 1 month ago #131568 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No documents from DWP following appeal lodge
JV
The DWP's submission will consist of a statement of the law involved, the evidence used in the making of the Decision and occasionally a short statement which often says that the Tribunal should reject the appeal immediately, the TS will ignore the latter.
The main thing you will be interested in will be the evidence used to make the Decision, this will consist of your daughters claim form and any evidence attached to it (you will obviously have a copy of this) and the assessment report, if you do not already have a copy you can request one over the phone, if you already have it then there is little stopping you preparing a submission for the appeal. Your aim in making the submission is to show that your daughter meets the PIP criteria for an award.
If you want to chase the DWP then you need to contact the Tribunal Service, I have to warn you that what will most likely happen is that the DWP will ask for an extension which the TS will agree to, you cannot protest this.
As any new Decision made by the Tribunal Panel applies from the date that the Decision was made, there is little scope for compensation for any delay in the process.
Gordon
The DWP's submission will consist of a statement of the law involved, the evidence used in the making of the Decision and occasionally a short statement which often says that the Tribunal should reject the appeal immediately, the TS will ignore the latter.
The main thing you will be interested in will be the evidence used to make the Decision, this will consist of your daughters claim form and any evidence attached to it (you will obviously have a copy of this) and the assessment report, if you do not already have a copy you can request one over the phone, if you already have it then there is little stopping you preparing a submission for the appeal. Your aim in making the submission is to show that your daughter meets the PIP criteria for an award.
If you want to chase the DWP then you need to contact the Tribunal Service, I have to warn you that what will most likely happen is that the DWP will ask for an extension which the TS will agree to, you cannot protest this.
As any new Decision made by the Tribunal Panel applies from the date that the Decision was made, there is little scope for compensation for any delay in the process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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