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Appeal questions
- alexkmcb
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6 years 2 months ago #227095 by alexkmcb
Appeal questions was created by alexkmcb
Brief background: I was receiving DLA, then PIP at the enhanced rate for daily living due to significant mental health problems. Following an award review and assessment I received zero points (despite my condition having worsened). After an MR request they awarded me 6 points but obviously this still means nothing financially. I have sent in my SSC1 with further evidence by recorded delivery which the Tribunal service received on 21st Feb.
My questions are
1) should I have expected to receive an acknowledgement from the TS by now/how long should I wait before chasing this up?
2) I have read that the DWP sometimes change their minds at this stage and ring the claimant to discuss whether they want to take this new offer and withdraw the appeal. I am desperately hoping that this will happen for me to avoid going through the tribunal process (I honestly don't know if I can handle it) BUT I find phone calls very difficult and only answer the phone if it's a number I know and someone I know well. So what I'm wondering is a) do you know if it would come up as a withheld number, or from a particular town/city? and b) if they didn't get hold of me, do you know if they would leave a message or write to me instead?
I'm worried that if they couldn't speak to me in person and get a decision there and then that would be my chance gone and they would just carry on with the appeals process.
Thanks in advance.
My questions are
1) should I have expected to receive an acknowledgement from the TS by now/how long should I wait before chasing this up?
2) I have read that the DWP sometimes change their minds at this stage and ring the claimant to discuss whether they want to take this new offer and withdraw the appeal. I am desperately hoping that this will happen for me to avoid going through the tribunal process (I honestly don't know if I can handle it) BUT I find phone calls very difficult and only answer the phone if it's a number I know and someone I know well. So what I'm wondering is a) do you know if it would come up as a withheld number, or from a particular town/city? and b) if they didn't get hold of me, do you know if they would leave a message or write to me instead?
I'm worried that if they couldn't speak to me in person and get a decision there and then that would be my chance gone and they would just carry on with the appeals process.
Thanks in advance.
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- Gordon
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6 years 2 months ago #227109 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal questions
A
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1. The Tribunal Service is usually pretty quick to acknowledge an appeal request, it could just be because there have been a couple of weekends a I think they use 2nd class like the DWP, so if you have not heard by the end of the week then I would chase them.
2. It's likely to be a withheld number, it could be the DWP office listed on the MR letter but there is no guarantee of that.
They won't leave a message, even to say that the DWP have phoned, it breaks their confidentiality rules as they would not know who might pick up the message.
They are most likely to phone when they have received your appeal request and in the week before the hearing.
Gordon
Welcome
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
1. The Tribunal Service is usually pretty quick to acknowledge an appeal request, it could just be because there have been a couple of weekends a I think they use 2nd class like the DWP, so if you have not heard by the end of the week then I would chase them.
2. It's likely to be a withheld number, it could be the DWP office listed on the MR letter but there is no guarantee of that.
They won't leave a message, even to say that the DWP have phoned, it breaks their confidentiality rules as they would not know who might pick up the message.
They are most likely to phone when they have received your appeal request and in the week before the hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alexkmcb
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6 years 1 month ago #227449 by alexkmcb
Replied by alexkmcb on topic Appeal questions
Many thanks Gordon.
I received the letter on Thursday and now have what feels like another battle on my hands as they have stated my appeal was only received by them on the 05/03 i.e. late which gives the DWP the right to raise an objection.
I immediately got on the phone to the TS and gave them the Special Delivery tracking number which confirms it was actually received on 21/02.
Unfortunately as it's a central number, they can't action anything and have to refer it on to the regional office dealing with my appeal. So on Friday I put it all in an email to the Birmingham TS so at least it's all in writing. I've had an automated 'we will endeavour to respond within 10 working days' reply.
Very frustrating and unnecessary additional stress for me but thought important to share my experience to encourage everyone to do as you advise and make sure forms are sent Special Delivery and to keep a record of the tracking number. I resented paying the £7.30 it cost me at the time, but am very glad I did!
I received the letter on Thursday and now have what feels like another battle on my hands as they have stated my appeal was only received by them on the 05/03 i.e. late which gives the DWP the right to raise an objection.
I immediately got on the phone to the TS and gave them the Special Delivery tracking number which confirms it was actually received on 21/02.
Unfortunately as it's a central number, they can't action anything and have to refer it on to the regional office dealing with my appeal. So on Friday I put it all in an email to the Birmingham TS so at least it's all in writing. I've had an automated 'we will endeavour to respond within 10 working days' reply.
Very frustrating and unnecessary additional stress for me but thought important to share my experience to encourage everyone to do as you advise and make sure forms are sent Special Delivery and to keep a record of the tracking number. I resented paying the £7.30 it cost me at the time, but am very glad I did!
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- Gordon
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6 years 1 month ago #227461 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal questions
fireonallsides
I would be surprised if it is an issue.
Gordon
I would be surprised if it is an issue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Peter
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6 years 1 month ago #227467 by Peter
Replied by Peter on topic Appeal questions
I made an appeal and within 3 weeks i got a text to say they had decided in my favour......I had been given standard rate of both and was requesting enhanced on daily liviing...was happy with mobility bit. If your medical evidence is good they may do the same
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