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13 years 7 months ago #24718 by marie4543
Appeal was created by marie4543
Hi I sent my appeal off just over two weeks ago by recorded delivery but DWP told me they haven't received it. However, Royal Mail told me it was delivered and signed for two days after I posted it. DWP told me they get so much post that they cannot sign for each letter sent recorded so they just do one signature for a bundle of letters!!!! If that is the case it's a waste of time sending them recorded. They have told me to hang on a bit longer but obviously, because of the time limit, I don't want to leave it much longer. Luckily I photocopied everything. Problem is, I'm now worried about sending it again and them not receiving it. Any suggestions?

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 7 months ago #24727 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appeal
Hi Marie,

Appeals against benefits should be sent to the Appeals Service not to the DWP.

Are you sure you haven't asked for your claim to be looked at again ? Called a 'reconsideration' by the DWP.

As a matter of interest what benefit are we talking about ?

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 7 months ago #24730 by Derek4
Replied by Derek4 on topic Re:Appeal
Hi Jim and Marie

I understand that appeals automatically get reconsidered by the DWP first, and so have to be sent to the DWP. Only when the DWP choose not to change their decision will it get passed to the Tribunal Service.

I think Marie, as long as they have signed for the bundle of letters and the Royal Mail confirm that your letter has been signed for, it doesn't even matter whether or not your letter was in the bundle, they have signed a statement to say that they have received it, and shouldn't be able to claim anything else.

I would probably send it again if they still haven't received it close to the deadline just to be safe. It's one thing knowing that you are right; it's another spending two months corresponding with the DWP to prove it!

They may process your appeal well after the deadline, but it is the date received and stamped on it that is important.

Good luck with your appeal

Derek

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13 years 7 months ago #24731 by Crazydiamond
Replied by Crazydiamond on topic Re:Appeal
Jima1 wrote:

Hi Marie,

Appeals against benefits should be sent to the Appeals Service not to the DWP.

Are you sure you haven't asked for your claim to be looked at again ? Called a 'reconsideration' by the DWP.

As a matter of interest what benefit are we talking about ?

Jim


The notice of appeal on form GL24 or by way of any other written notification is sent to the DWP, not the Appeals Service. The DWP forward the notice of appeal, if appropriate, to the Appeals Service with the bundle of documents relevant to the appeal.

In the circumstances as mentioned, if the appeal has been sent by recorded delivery and signed for as appears to be the case, the burden of proof to indicate it was not received rests with the DWP. It would be in the OP's interest to seek a copy of the signature, which can be obtained from the Royal Mail website, and submit the appeal again together with a copy of the signature, pointing out that the appeal is a duplicate of the original. The appeal should then proceed in the normal way.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 7 months ago #24743 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appeal
Hi CD,

You are of course correct.

Sorry, MS brain fog again. If anyone should know about appeals it should be me after serving on DLA Tribunals for over 10 years, not to mention the appellants I represented.

I need to take a few days off and consider whether or not it's time for me to throw in the towel.

Kind regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Taffy
13 years 7 months ago #24747 by Taffy
Replied by Taffy on topic Re:Appeal
Jima1 wrote:

Hi CD,

You are of course correct.

Sorry, MS brain fog again. If anyone should know about appeals it should be me after serving on DLA Tribunals for over 10 years, not to mention the appellants I represented.

I need to take a few days off and consider whether or not it's time for me to throw in the towel.

Kind regards.

Jim


Hi Jim

I Hope you reconsider,from one Brain fog Fella to another.

Regards
Graham

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