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Awaiting appeal date, 28 days are up
- Mandy
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7 years 4 months ago #176683 by Mandy
Awaiting appeal date, 28 days are up was created by Mandy
Hello
I have requested an appeal for pip but the 28 days for the dwp to respond with their statement was up on 11th, I know that they can be given another 21 days and I'm sure they will take advantage of this as I sent in my rheumatologists report during the last see but my question is , do the cours/dwp inform me if this is going to happen ? Should I ring the courts to find out what's going on? One last thing I have a new symptom which is I am losing the use of my right wrist, I am right handed and this is happening more frequently, I'm told by other fibromyalgia sufferers that this is a symptom , so my other question is ' shall I tell dwp/courts? Or is it too late? Perhaps I can take this info to tribunal!!!! I need the use of my hands
I have requested an appeal for pip but the 28 days for the dwp to respond with their statement was up on 11th, I know that they can be given another 21 days and I'm sure they will take advantage of this as I sent in my rheumatologists report during the last see but my question is , do the cours/dwp inform me if this is going to happen ? Should I ring the courts to find out what's going on? One last thing I have a new symptom which is I am losing the use of my right wrist, I am right handed and this is happening more frequently, I'm told by other fibromyalgia sufferers that this is a symptom , so my other question is ' shall I tell dwp/courts? Or is it too late? Perhaps I can take this info to tribunal!!!! I need the use of my hands
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- slugsta
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7 years 4 months ago - 7 years 4 months ago #176696 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Awaiting appeal date, 28 days are up
Hi Mandy,
It is not uncommon for DWP to fail to reply in the 28 days. As you say, they are usually given more time. It is worth phoning the Tribunal Service to find out how they are going to treat this.
The appeal decision will, in effect, remake the original decision against which you are appealing. They cannot take into account anything that has developed since that date. You might have grounds to ask for a further review due to a Change in Circumstances if you do not get the decision you deserve at appeal.
It is not uncommon for DWP to fail to reply in the 28 days. As you say, they are usually given more time. It is worth phoning the Tribunal Service to find out how they are going to treat this.
The appeal decision will, in effect, remake the original decision against which you are appealing. They cannot take into account anything that has developed since that date. You might have grounds to ask for a further review due to a Change in Circumstances if you do not get the decision you deserve at appeal.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 months ago by slugsta.
The following user(s) said Thank You: Chris77
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- Mandy
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7 years 4 months ago #176721 by Mandy
Replied by Mandy on topic Awaiting appeal date, 28 days are up
Thank you for replying but the evidence I sent in was from my rheumatologist reiterating what my Doc had said and what I had said so it's not a new condition, I did in fact receive their response today but they are still upholding their original decision which makes me feel unconfident about going to appeal now
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7 years 4 months ago #176740 by Gordon
Revision rates at MR are very low and our experience is that they are even lower than the figures quoted by the DWP, in comparison, successful appeal rates are very high, 60+% for PIP. Where the DWP rely very heavily on the assessment report, Tribunal panels take a much more balanced approach to the evidence that they consider.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting appeal date, 28 days are up
Mandy wrote: Thank you for replying but the evidence I sent in was from my rheumatologist reiterating what my Doc had said and what I had said so it's not a new condition, I did in fact receive their response today but they are still upholding their original decision which makes me feel unconfident about going to appeal now
Revision rates at MR are very low and our experience is that they are even lower than the figures quoted by the DWP, in comparison, successful appeal rates are very high, 60+% for PIP. Where the DWP rely very heavily on the assessment report, Tribunal panels take a much more balanced approach to the evidence that they consider.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 4 months ago #176763 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Awaiting appeal date, 28 days are up
Hi Mandy,
When I mentioned a new problem, I was talking about the issue with your wrist which you say has occurred recently.
When I mentioned a new problem, I was talking about the issue with your wrist which you say has occurred recently.
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7 years 4 months ago #176781 by Mandy
Replied by Mandy on topic Awaiting appeal date, 28 days are up
Thank you I feel a bit better, I sent in some more evidence letter from rheumatologist re same condition but it's not in the ' response' from dwp , I know they received it cos I checked today and the guy said they'd seen it etc, I sent one to courts too so hopefully it will be ok and not disregarded xxx
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