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TOPIC: Send extra info before appeal papers are prepared?

Send extra info before appeal papers are prepared? 9 years 3 months ago #32297

  • Nervy
In dla_app_clm.pdf
Appealing against a Disability Living Allowance decision November 2008 Factsheet DLA1
it says "If you appeal instead of asking for a revision your claim will automatically be looked at again in any case before the appeal papers are prepared" :S

Does this mean that its a good idea to send the DLA people extra information before the appeal papers are prepared?

How long does it take for the appeal papers to be prepared?

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Re:Send extra info before appeal papers are prepared? 9 years 3 months ago #32299

Hi Nervy

It means that if you appeal instead of asking for a revision, a revision will take place anyway before it is passed to appeal, so there is little point in asking for a revision. If you do ask for a revision and the decision is not changed, you then have to start an appeal and go through the administration again, which can add a month or two to the process.

If you send the DWP additional information before the review, they can consider it when deciding whether or not to change their decision, before it's passed to appeal.

I think generally it would be a good idea to send extra information to the DWP before the review. The disadvantage is that they have the opportunity to counterpoint any evidence or arguments you have made when they write their response in the appeal papers.

The length of time it takes for the appeal papers to be prepared can be anything from a few weeks to a few months, depending on the complexity of the case.

Hope this is helpful

Derek

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Re:Send extra info before appeal papers are prepared? 9 years 3 months ago #32300

  • Nervy
Adding a month or too sounds appealing because i'm in no hurry and feel like procrastinating the whole unpleasant business. But its too late now since the CAB had already decided to go for an appeal and said a revision is automatic.

My next appointment with the CAB is in a week and a half which concerned me a bit. I'm not sure how i'd get the extra information to the Disability and Carers Service DWP before then and also if my CAB advisor would be displeased I hadn't checked it first with her?

The original claim form was rushed and unfinished with boxes left empty as in the thread "mental illness reason for sending claim late?" so it might not be too complex.

After the appeal papers arrive how long do i have to get my extra info ready?

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Re:Send extra info before appeal papers are prepared? 9 years 3 months ago #32302

Hi Nervy

You have a month after the appeal papers are sent out to submit additional information, but generally the tribunal will accept submissions after this date.

If you have a case worker from the CAB helping you, it is not a good idea to submit information without your case workers knowledge. Equally, it is not a good idea for your case worker to send letters to the DWP or tribunal without letting you read and check that it is accurate, although, from personal experience, I don't think the CAB realise that.

If it is obvious that the claim form was unfinished or that you didn't fully understand the questions, a tribunal should take this into consideration and re-examine the descriptors. In any case this should be pointed out to the tribunal.

Good luck

Derek

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Re:Send extra info before appeal papers are prepared? 9 years 3 months ago #32501

  • Nervy
I've also been seeing someone at Mind, but she suddenly got flu for the week the day after my gateway session at CAB so i went to CAB again and when i mention i'd been seeing a Mind advisor I was told i'd have to choose between them!

Is it that i can only have one advisor per week or fortnight?

The Mind receptionist(?) told me I'll see the advisor the following week after she got over the flu but the Mind advisor hasn't made an appointment for this week. I'm not sure if should ask for an appointment?

There is another disability information advice agency I could visit, I'm thinking shouldn't tell them I've been seeng other advice agencies?

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Re:Send extra info before appeal papers are prepared? 9 years 3 months ago #32503

Hi Nervy

There is nothing wrong with listening to advice from different sources, but you certainly cannot have two representatives, or two people helping you to prepare your appeal, without either of them knowing what the other is doing.

Different advisers will have their own opinions and ways of doing things that will conflict, even if they are both very competent. they may also feel that they are wasting their time if you choose to use the other agency. So I think what the CAB said was correct.

Derek

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