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PIP tribunal DWP not responded- 28 days expired
- shaban
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8 years 6 months ago #142503 by shaban
PIP tribunal DWP not responded- 28 days expired was created by shaban
Hi all
I need some help with my daughters PIP tribunal. Today I received a letter from the court stating the secrets of state for PIP has not responded to the appeal which should have been done within 28 days. The registrar's direction notice states
1- the respondent has a further 21 days from the date of issue of this directions notice to provide a response to appeal, and written reasons for failure to send a response within the specified time.
2- if the response is not received within 21 days then the clerk is to list this appeal for oral hearing before a panel of three persons chaired by a district tribunal judge on the first available date and a presenting officer is to attend the hearing.
3- if the response is received within 21 days then the appeal is to be listed in the normal manner.
4- in the event that a response is received after 21 days but prior to the hearing, then direction 2, regarding the presenting officer's attendance shall not apply.
At the bottom it states any party is entitled to challenge any direction given by applying for another direction.
I just would like to know where I stand with this. I believe that had I not submitted the required documents within the time allowed I would not be given a chance to have the date extended so why are they
We have been put through enough as it is and there reasons not to award my daughter any mobility rate is a unjustified as she could not have an assessment by capita doe to her mental health issues. The whole process is another way to discourage people to w en make a claim let along appeal to the tribunal service. Can the courts allow then extra time to file their documents.
I need some help with my daughters PIP tribunal. Today I received a letter from the court stating the secrets of state for PIP has not responded to the appeal which should have been done within 28 days. The registrar's direction notice states
1- the respondent has a further 21 days from the date of issue of this directions notice to provide a response to appeal, and written reasons for failure to send a response within the specified time.
2- if the response is not received within 21 days then the clerk is to list this appeal for oral hearing before a panel of three persons chaired by a district tribunal judge on the first available date and a presenting officer is to attend the hearing.
3- if the response is received within 21 days then the appeal is to be listed in the normal manner.
4- in the event that a response is received after 21 days but prior to the hearing, then direction 2, regarding the presenting officer's attendance shall not apply.
At the bottom it states any party is entitled to challenge any direction given by applying for another direction.
I just would like to know where I stand with this. I believe that had I not submitted the required documents within the time allowed I would not be given a chance to have the date extended so why are they
We have been put through enough as it is and there reasons not to award my daughter any mobility rate is a unjustified as she could not have an assessment by capita doe to her mental health issues. The whole process is another way to discourage people to w en make a claim let along appeal to the tribunal service. Can the courts allow then extra time to file their documents.
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- Gordon
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8 years 6 months ago #142506 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP tribunal DWP not responded- 28 days expired
shaban
We have seen this happen a lot with PIP Appeals, the DWP have moved so many Decision Makers forward to decide claims that the back office staff who deal with appeals are overwhelmed in many areas.
I'm afraid the Judge is well within their rights to offer an extension to the DWP if they have not responded within the normal timescales, you can challenge the decision to allow this, but in all honesty by the time your response is processed, it's likely that the DWP will have responded.
Trying to put a positive spin on the situation it does mean that you have extra time to prepare and submit your response, although you will still need to wait until the DWP submission is made to make sure that you have covered everything.
Gordon
We have seen this happen a lot with PIP Appeals, the DWP have moved so many Decision Makers forward to decide claims that the back office staff who deal with appeals are overwhelmed in many areas.
I'm afraid the Judge is well within their rights to offer an extension to the DWP if they have not responded within the normal timescales, you can challenge the decision to allow this, but in all honesty by the time your response is processed, it's likely that the DWP will have responded.
Trying to put a positive spin on the situation it does mean that you have extra time to prepare and submit your response, although you will still need to wait until the DWP submission is made to make sure that you have covered everything.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- dennygilly
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8 years 6 months ago #142534 by dennygilly
Replied by dennygilly on topic PIP tribunal DWP not responded- 28 days expired
This happened to me. I did get date within the next 21days.Have tribunal on 24th November appeal request was in July.
The following user(s) said Thank You: Gordon, slugsta
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- shaban
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8 years 6 months ago #142684 by shaban
Replied by shaban on topic PIP tribunal DWP not responded- 28 days expired
Gordon
Thanks for the reply, It is frustrating that people have to be put through this as if the whole PIP process isn't enough. I do agree with your comments having the order amended is a waste of time giving the time it takes to deal with it.
Thanks for all the responses, I do wonder if claimants on the other hand failed to comply, would they receive and extension, somehow I don't think so.
Thanks for the reply, It is frustrating that people have to be put through this as if the whole PIP process isn't enough. I do agree with your comments having the order amended is a waste of time giving the time it takes to deal with it.
Thanks for all the responses, I do wonder if claimants on the other hand failed to comply, would they receive and extension, somehow I don't think so.
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