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what to expect after reconsideration in an appeal
- twinkerzzz
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12 years 2 months ago - 12 years 2 months ago #81834 by twinkerzzz
what to expect after reconsideration in an appeal was created by twinkerzzz
Hi
just to clarify a single point.
I've submitted an appeal form but requested no phone calls and for all communication to be in writing.
After the decision maker reconsideration stage in an appeal process, can i expect a letter explaining the result of the reconsideration no matter what - or would they simply defer on to the appeal process if the reconsideration failed to find in my favour, leaving me to presume the reconsideration has failed were i not to hear from them in writing? Do they have a legal duty to comply and write when it is requested, regarding notice of the reconsideration result within an appeal process?
n
just to clarify a single point.
I've submitted an appeal form but requested no phone calls and for all communication to be in writing.
After the decision maker reconsideration stage in an appeal process, can i expect a letter explaining the result of the reconsideration no matter what - or would they simply defer on to the appeal process if the reconsideration failed to find in my favour, leaving me to presume the reconsideration has failed were i not to hear from them in writing? Do they have a legal duty to comply and write when it is requested, regarding notice of the reconsideration result within an appeal process?
n
Last edit: 12 years 2 months ago by Gordon.
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12 years 2 months ago #81846 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:what to expect after reconsideration in an appeal
nicholson
The DWP have a duty to notify all Decisions in writing, even if that Decision is to uphold the original Decision.
However, this does not mean that they will not try and contact you by phone if they have your telephone number. If they do then you would have to make a complaint to the DWP.
Gordon
The DWP have a duty to notify all Decisions in writing, even if that Decision is to uphold the original Decision.
However, this does not mean that they will not try and contact you by phone if they have your telephone number. If they do then you would have to make a complaint to the DWP.
Gordon
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- twinkerzzz
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12 years 2 months ago #81862 by twinkerzzz
Replied by twinkerzzz on topic Re:what to expect after reconsideration in an appeal
sorry - 2 final questions regarding reconsideration at appeal:
Is there any chance at all or is it at all common that at the reconsideration stage of an appeal process :
1. I could likely be called for an Atos medical specifically related to the reconsidering stage in an appeal process ?
2. Regarding the logic (if permissible ?) of submitting new and additional evidence with the appeal form GL24 - Is it better to with-hold new evidence from the reconsideration stage of an appeal process so as to point the decision maker via the GL24 reasons box, back to the original ESA50 and previously submitted evidence or will new evidence submitted with an GL24 form be viewed at reconsideration stage & taken into account ? (I was under the impression any Appeal based evidence submissions are sent later to and for the attention of the Tribunal Services in any case and not the DWP ??)
thanks again
n
Is there any chance at all or is it at all common that at the reconsideration stage of an appeal process :
1. I could likely be called for an Atos medical specifically related to the reconsidering stage in an appeal process ?
2. Regarding the logic (if permissible ?) of submitting new and additional evidence with the appeal form GL24 - Is it better to with-hold new evidence from the reconsideration stage of an appeal process so as to point the decision maker via the GL24 reasons box, back to the original ESA50 and previously submitted evidence or will new evidence submitted with an GL24 form be viewed at reconsideration stage & taken into account ? (I was under the impression any Appeal based evidence submissions are sent later to and for the attention of the Tribunal Services in any case and not the DWP ??)
thanks again
n
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12 years 2 months ago #81869 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:what to expect after reconsideration in an appeal
nicholson
1. It is not unusual to be called during the Reconsderation stage, whilst our advice is normally that the claimant can ignore calls from the DWP, this is one case where it may be to your advantage to take the call.
They may ask you to submit more evidence, they might wish to discuss evidence you have already submitted, they may wish to talk about an aspect of your claim.
In all of these cases, it is unlikely that they will write to you if they cannot contact you by phone.
2. Really depends on how strong you feel your original evidence was and what, if any, new evidence you can access within the 3-4 weeks you normally have to submit it, during a Reconsideration.
The advantage of doing so is that you may be able to overturn the Decision in the short term rather than having to wait a further 7 months (average), for a Tribunal hearing.
Gordon
1. It is not unusual to be called during the Reconsderation stage, whilst our advice is normally that the claimant can ignore calls from the DWP, this is one case where it may be to your advantage to take the call.
They may ask you to submit more evidence, they might wish to discuss evidence you have already submitted, they may wish to talk about an aspect of your claim.
In all of these cases, it is unlikely that they will write to you if they cannot contact you by phone.
2. Really depends on how strong you feel your original evidence was and what, if any, new evidence you can access within the 3-4 weeks you normally have to submit it, during a Reconsideration.
The advantage of doing so is that you may be able to overturn the Decision in the short term rather than having to wait a further 7 months (average), for a Tribunal hearing.
Gordon
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- Steve Donnison
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12 years 2 months ago #81871 by Steve Donnison
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Replied by Steve Donnison on topic Re:what to expect after reconsideration in an appeal
Hi nicholson,
If this is an appeal against a finding that you are capable of work it is most unlikely that you would be sent for a second medical.
If you have been placed in the WRAG without a medical and are appealing to go into the support group you could be asked to a medical, but it's very improbable.
All the available evidence should be considered by a decision maker, whether submitted before, with or after the GL24.
We can't advise you about when to submit your evidence. But in general it seems reasonable to submit evidence that supports your case as son as it it becomes available.
Steve
If this is an appeal against a finding that you are capable of work it is most unlikely that you would be sent for a second medical.
If you have been placed in the WRAG without a medical and are appealing to go into the support group you could be asked to a medical, but it's very improbable.
All the available evidence should be considered by a decision maker, whether submitted before, with or after the GL24.
We can't advise you about when to submit your evidence. But in general it seems reasonable to submit evidence that supports your case as son as it it becomes available.
Steve
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