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DWP fail to respond with in th 28days to the appea
- Suz
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Suz wrote: I logged my pip appeal on the 7th a January. I had acknowledgement from the tribunal and they contacted the DWPwho had to respond within 28days. The 28days was up on the 4th February but we hadn't heard anything. We contacted the tribunal on Friday 20thFebruary who confirmed that theDWP failed to respond within the set 28 days. The judge has wrote to the tribunal for a second time on the 16th February, they have given them just 14days to reply. Is it common for the DWP to to respond? I think if they fail to respond with in this time frame the judge is going ahead with the hearing without any contact from DWP.
Hi S,
A failure to respond within the 28 days is not uncommon for The DWP.
They would generally request an extension under this scenario.
If the Judge is that way inclined, the hearing can be held without any input from the DWP.
This is not that common though.
bro58
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- Suz
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- Suz
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- Gordon
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Suz wrote: Update, still no response from the DWP my file has been passed to the chief judge as they have had no response. In the next week I should hear from the tribunal, I assume with a date for my hearing. What normally happens in this situation. If the hearing goes ahead will the DWP loose their right to speak in the hearing?
I doubt it, the Judge has a responsibility to ensure that the hearing is fair to all parties, but anything that a DWP Presenting Officer might say and that assumes that one attends which is statistically unlikely, would be unsubstantiated.
It is important that you are aware that even if the DWP do not submit any documentation to the hearing, you still need to show that you meet the criteria for the benefit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Suz
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