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DWP Decision Response
- MarieMarie
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8 years 9 months ago #138264 by MarieMarie
DWP Decision Response was created by MarieMarie
HI,
I have just spoken to HMCTS for an update regarding our awaiting hearing date and that we have not yet recieved a decison response from the DWP. Apparenylt their 28 days expires today and they have not asked for an extension on response time so a note has been made on our file no response by DWP. This is good news for us I understand ? CAn a representative from DWP still attend the hearing explaining the reason for their decision without this response being given ? Is it possible they are going to retract or superceed and revise their decison made.?
I have just spoken to HMCTS for an update regarding our awaiting hearing date and that we have not yet recieved a decison response from the DWP. Apparenylt their 28 days expires today and they have not asked for an extension on response time so a note has been made on our file no response by DWP. This is good news for us I understand ? CAn a representative from DWP still attend the hearing explaining the reason for their decision without this response being given ? Is it possible they are going to retract or superceed and revise their decison made.?
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- Gordon
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8 years 9 months ago #138277 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP Decision Response
Marie
I wouldn't read much into it at the moment, we have seen this happen to a number of members this year, the DWP have moved so many staff into Decision making roles to try and reduce the waiting times for PIP there are now not enough to manage the back office functions like preparing responses to appeals.
The most likely next action is that the court will give the DWP a further 28 days to make their submission.
Typically the DWP response consists of a covering letter, usually standard, the documents used in the making of the Decision and anything sent in as part of the MR, it would be extremely unusual for the DWP to make any specific response to the information that the claimant has sent in for the appeal.
Even if they make no response, the requirement on you to show that you meet the criteria for an award is not lessened.
If the DWP do decide to revise the award, then this will most likely happen a couple of days before the hearing.
Gordon
I wouldn't read much into it at the moment, we have seen this happen to a number of members this year, the DWP have moved so many staff into Decision making roles to try and reduce the waiting times for PIP there are now not enough to manage the back office functions like preparing responses to appeals.
The most likely next action is that the court will give the DWP a further 28 days to make their submission.
Typically the DWP response consists of a covering letter, usually standard, the documents used in the making of the Decision and anything sent in as part of the MR, it would be extremely unusual for the DWP to make any specific response to the information that the claimant has sent in for the appeal.
Even if they make no response, the requirement on you to show that you meet the criteria for an award is not lessened.
If the DWP do decide to revise the award, then this will most likely happen a couple of days before the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MarieMarie
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8 years 9 months ago #138284 by MarieMarie
Replied by MarieMarie on topic DWP Decision Response
Much Appreciated Gordon for your prompt response as always. I do not understand why and how the DWP may be given an extension on their submission after the 28 days has expired? however we will wait and see. Will we be notified of this given extension should it take place by the courts? Also we are still awaiting our SAR paperwork like the PA4 medical report is this part of the paperwork that will be sent if and when the DWP to respond or will this be sent out serparatly folowing on from our seperate request? Thanks in advance.
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8 years 9 months ago #138286 by Gordon
It is a principle of the justice system that it not only produce the correct result based on the evidence but the process of the law must be correct or any Decision made can be subject to challenge. If the Tribunal did not allow the DWP extra time then they could appeal any Decision made, but the TS will only have so much patience and there will be a point where they will order a hearing to be convened even if the DWP have not responded.
If an extension is given or indeed if it is not, you will be notified by the TS of what is happening.
Yes, the missing report would be one of the documents in the DWP submission to the TS.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP Decision Response
MarieMarie wrote: Much Appreciated Gordon for your prompt response as always. I do not understand why and how the DWP may be given an extension on their submission after the 28 days has expired? however we will wait and see. Will we be notified of this given extension should it take place by the courts? Also we are still awaiting our SAR paperwork like the PA4 medical report is this part of the paperwork that will be sent if and when the DWP to respond or will this be sent out serparatly folowing on from our seperate request? Thanks in advance.
It is a principle of the justice system that it not only produce the correct result based on the evidence but the process of the law must be correct or any Decision made can be subject to challenge. If the Tribunal did not allow the DWP extra time then they could appeal any Decision made, but the TS will only have so much patience and there will be a point where they will order a hearing to be convened even if the DWP have not responded.
If an extension is given or indeed if it is not, you will be notified by the TS of what is happening.
Yes, the missing report would be one of the documents in the DWP submission to the TS.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #138287 by Gordon
It is a principle of the justice system that it not only produce the correct result based on the evidence but the process of the law must be correct or any Decision made can be subject to challenge. If the Tribunal did not allow the DWP extra time then they could appeal any Decision made, but the TS will only have so much patience and there will be a point where they will order a hearing to be convened even if the DWP have not responded.
If an extension is given or indeed if it is not, you will be notified by the TS of what is happening.
Yes, the missing report would be one of the documents in the DWP submission to the TS.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP Decision Response
MarieMarie wrote: Much Appreciated Gordon for your prompt response as always. I do not understand why and how the DWP may be given an extension on their submission after the 28 days has expired? however we will wait and see. Will we be notified of this given extension should it take place by the courts? Also we are still awaiting our SAR paperwork like the PA4 medical report is this part of the paperwork that will be sent if and when the DWP to respond or will this be sent out serparatly folowing on from our seperate request? Thanks in advance.
It is a principle of the justice system that it not only produce the correct result based on the evidence but the process of the law must be correct or any Decision made can be subject to challenge. If the Tribunal did not allow the DWP extra time then they could appeal any Decision made, but the TS will only have so much patience and there will be a point where they will order a hearing to be convened even if the DWP have not responded.
If an extension is given or indeed if it is not, you will be notified by the TS of what is happening.
Yes, the missing report would be one of the documents in the DWP submission to the TS.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #138323 by MarieMarie
Replied by MarieMarie on topic DWP Decision Response
Thanks Gordon.
Can I be a represetative and a witness at the hearing? Do I need to inform the court prior to the hearing that I wish to be a representative?I understadn that I inform the clerk on arrival at the court that I am there in capacity of a witness. I understand that the majority of questions will be directed at the claimant but will I get a chance to make a submission? Also I have read that you can attend another persons PIP hearing as a member of the public , hows does one do this?
Can I be a represetative and a witness at the hearing? Do I need to inform the court prior to the hearing that I wish to be a representative?I understadn that I inform the clerk on arrival at the court that I am there in capacity of a witness. I understand that the majority of questions will be directed at the claimant but will I get a chance to make a submission? Also I have read that you can attend another persons PIP hearing as a member of the public , hows does one do this?
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