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PIP APPEAL DWP NOT RESPONDED ON TIME

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5 years 3 months ago #222465 by DC
hi, i made an appeal against my PIP decision in november & can track the appeal online. The DWP were supposed to reply to the tribunal & myself by 3rd December. But they have not done so. Any advice on how to take further action? Its not fair that i had 30 days timescale to appeal but DWP can take as long as they want. I rang the tribunals service and was told it can take up to 10 months??? there must be some action i can take

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5 years 3 months ago #222474 by Gordon
Replied by Gordon on topic PIP APPEAL DWP NOT RESPONDED ON TIME
D C

Contact the Tribunal Service, the Judge in charge of your appeal will issue a direction to the DWP to produce and send their submission.

Gordon

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

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5 years 3 months ago #222509 by Mr B
Replied by Mr B on topic PIP APPEAL DWP NOT RESPONDED ON TIME
Its not fair that i had 30 days timescale to appeal but DWP can take as long as they want. I rang the tribunals service and was told it can take up to 10 months??? there must be some action i can take


Hi D C

I'm a little bit surprised you were told this could take up to 10 months but regardless of that the DWP) can not take as long as they like! After you lodged your appeal to the tribunals service they will have written to the DWP and in that letter, the DWP is told, amongst other things, that they must send their response to the Tribunal and any other parties, including you of course, within 28 days of the DWP receiving the Tribunal's letter. The Tribunal's letter (which you should get a copy of as part of the 'bundle') also says that if the DWP requires more time they must apply to the Tribunal for that time to be extended, giving reasons why they need more time and giving the Tribunal a 'revised date for the production of the response to the tribunal.' So as Gordon has recommended you should contact the tribunal's service again about this. If the Tribnals service does allow the DWP an extension then again you, and any other parties, will be informed of this.

Good luck with your appeal!

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5 years 3 months ago #222554 by Mr B
Replied by Mr B on topic PIP APPEAL DWP NOT RESPONDED ON TIME
PS I suspect DC that the 'up to 10 months' may in fact relate to the time it can unfortunately take before an appeal is actually heard. It would be very unusual I think that the DWP would be allowed 10 months to respond to the tribunal at this stage of your appeal and even it the tribunal service did allow the DWP an extension you would be able to challenge this and ask the tribunal to make a fresh direction to the DWP that they must respond earlier. Hope this helps.

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5 years 3 months ago #222578 by Claire
Replied by Claire on topic PIP APPEAL DWP NOT RESPONDED ON TIME
I actually spoke to the tribunal service to ask the question regarding the DWP missing the deadline.

I was told the judge will send a request to find out why the DWP have not responded and give them 14 more days to respond, then if they miss that deadline it will be 7 days (or something like that).

If they miss the deadline then they have to send a representative to your tribunal hearing. I was told their are processes involved and the DWP could not get away with holding onto this infomation.

I'm aslo guessing the 10 month refer to when your case will be heard in the court.
The following user(s) said Thank You: Mr B

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5 years 3 months ago #222643 by Mr B
Replied by Mr B on topic PIP APPEAL DWP NOT RESPONDED ON TIME
That's interesting Claire and I hope it may further assist the OP. Those of us who have been through the appeals process ourselves know how confusing and stressful it can be at times especially if it's the first time we've ever appealed and so are not familiar with all the paperwork and procedures etc. I therefore have considerable sympathy for D C especially as they're at the start of this process when things can seem even more bewildering! Regarding their original post itself DC tells us that they have submitted an appeal to the tribunals service in November. They then go on to say that the DWP should have responded to both the Tribunal and themselves by 3rd December. I may be missing something here but I can't understand that 'deadline!' Upon receipt of DC's appeal sometime in November the tribunals service will then carry out some initial 'processing' of it, checking for example no important information is missing. They will then, amongst other things, write to the DWP (this will usually be by post not electronically). This of course will take a few days at least to reach the DWP, the 28 day 'clock' doesn't start ticking until the DWP actually receives the tribunal's request. I struggle to understand given all this how 3rd December can be a 'cut off' date for the tribunal to have received the DWP's response. I suspect in fact that the DWP may have another couple of weeks or so before they would exceed the 28 days. It goes without saying of course that I hope the tribunal receives this response very soon.

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