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How much longer will I have to wait ?
- carruthers
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12 years 1 week ago - 12 years 1 week ago #103478 by carruthers
Do you have any guestimates for how long on average after that before the Tribunal Service receives the papers from the DWP? - weeks, months?
Replied by carruthers on topic How much longer will I have to wait ?
How many weeks would you categorise as "reasonable" from the DWP receiving your request for an appeal to the notification that a reconsideration has not changed the original decision?Gordon wrote: It is not clear from your post whether your appeal is still in the Reconsideration stage or whether it is now with the Tribunal Service?
If it is still with the DWP then this is an unreasonable period for it to have taken and I would be tempted to make a complaint on this basis.
Complaining to the DWP
If it is with the Tribunal Service the we are still seeing 10-12 months from lodging the appeal to actually having a hearing, although some areas are quicker.
Gordon
Do you have any guestimates for how long on average after that before the Tribunal Service receives the papers from the DWP? - weeks, months?
Last edit: 12 years 1 week ago by Gordon.
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12 years 1 week ago #103485 by Gordon
I am not attempting to define the number of weeks that a Reconsideration should take, but I am rather looking at whether the time it has so far taken (7 1/2 months), the statement by the DWP "it can take up to 6 months for an appeal to be looked at" and the following
On this basis I believe that the DWP have taken an unreasonable period of time to complete the Reconsideration.
On your second question, the DWP have one month to submit the papers to the Tribunal Service from their completing the Reconsideration, however, the reality is that it usually only a couple of days, as they have already have all of the necessary documentation in their possession.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How much longer will I have to wait ?
carruthers wrote: How many weeks would you categorise as "reasonable" from the DWP receiving your request for an appeal to the notification that a reconsideration has not changed the original decision?
Do you have any guestimates for how long on average after that before the Tribunal Service receives the papers from the DWP? - weeks, months?
I am not attempting to define the number of weeks that a Reconsideration should take, but I am rather looking at whether the time it has so far taken (7 1/2 months), the statement by the DWP "it can take up to 6 months for an appeal to be looked at" and the following
A standard for what is fair and appropriate under usual and ordinary circumstances; that which is according to reason; the way a rational and just person would have acted.
On this basis I believe that the DWP have taken an unreasonable period of time to complete the Reconsideration.
On your second question, the DWP have one month to submit the papers to the Tribunal Service from their completing the Reconsideration, however, the reality is that it usually only a couple of days, as they have already have all of the necessary documentation in their possession.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 1 week ago - 12 years 1 week ago #103490 by carruthers
Replied by carruthers on topic How much longer will I have to wait ?
If seven and a half months is an unreasonable length for the Reconsideration stage, then what would you consider "reasonable"? I believe we're still feeling our way through this one, but perhaps you have got some idea of average times?Gordon wrote:
phrank wrote: ...
It is now 7 and a half months since the appeal was logged.
I just wondered if this was normal.
It is not clear from your post whether your appeal is still in the Reconsideration stage or whether it is now with the Tribunal Service?
If it is still with the DWP then this is an unreasonable period for it to have taken and I would be tempted to make a complaint on this basis.
Complaining to the DWP
If it is with the Tribunal Service the we are still seeing 10-12 months from lodging the appeal to actually having a hearing, although some areas are quicker. ...
Last edit: 12 years 1 week ago by Gordon.
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12 years 1 week ago - 12 years 1 week ago #103505 by Gordon
I think you have missed the point of my post.
This is not a question of defining what is a reasonable period.
What is reasonable to me may not be reasonable to another, should the Reconsideration process be evaluated in isolation or should some aspect of how busy the department be taken into account? Is it affected by whether the claimant is receiving no payment, the ESA Assessment rate, or the WRAG rate? If a reasonable period is set that is not achievable, is it still reasonable?
The definition is down to the individual, in some case I will agree with them and in others I will not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic How much longer will I have to wait ?
carruthers wrote: If seven and a half months is an unreasonable length for the Reconsideration stage, then what would you consider "reasonable"? I believe we're still feeling our way through this one, but perhaps you have got some idea of average times?
I think you have missed the point of my post.
This is not a question of defining what is a reasonable period.
What is reasonable to me may not be reasonable to another, should the Reconsideration process be evaluated in isolation or should some aspect of how busy the department be taken into account? Is it affected by whether the claimant is receiving no payment, the ESA Assessment rate, or the WRAG rate? If a reasonable period is set that is not achievable, is it still reasonable?
The definition is down to the individual, in some case I will agree with them and in others I will not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 week ago by Gordon.
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