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DWP using paperwork relating to a different benefit for an appeal
- Gary
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11 months 3 weeks ago #285157 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic DWP using paperwork relating to a different benefit for an appeal
Hi CAP
What ever evidence you send it, will not be looked at by a tribunal until the hearing date.
When you send in evidence in to a tribunal they will number the evidence, send DWP a copy of the evidence with a reference number on it and will also send you a copy of the evidence you sent in with the reference number on it.
Sometimes DWP will make an offer before the tribunal, I have noticed this does not happen as much as it used to.
Gary
What ever evidence you send it, will not be looked at by a tribunal until the hearing date.
When you send in evidence in to a tribunal they will number the evidence, send DWP a copy of the evidence with a reference number on it and will also send you a copy of the evidence you sent in with the reference number on it.
Sometimes DWP will make an offer before the tribunal, I have noticed this does not happen as much as it used to.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- CAP
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11 months 2 weeks ago #285376 by CAP
Replied by CAP on topic DWP using paperwork relating to a different benefit for an appeal
Hi Gary,
I'm a little confused now, being as your previous reply was that what ever evidence is sent in will not be looked at until the hearing date and today I received a directions notice in relation to my appeal without any hearing date at present.
It starts off with the tribunal has reviewed your Industrial Injuries Disablement Benefit Appeal. I know that on here you don't deal with IIDB, but the appeal process is still the same. I don't have to do anything in relation to the directions notice as it is for the DWP to respond to it. Apparently the " tribunal" have found an incorrect date within the DWP's response to my appeal papers and have stated -
1. The Respondent is directed to review the Response and consider whether the correct information has been provided in section 2. This is because date "21/04/1972" appears to be an error given that the date of the accident appears as 10/09/2013 in the response and the bundle.
2. A supplementary submission addressing this issue is to be sent to the Tribunal Service, and the Appellant, so as to be received within 28 days of the date of this notice.
3. After the expiry of 28 days further listing directions will be considered.
A party is entitled to challenge any direction given by applying for another direction which amends , suspends or sets aside the first direction.
To me that basically tells the DWP that they've made a mistake and I have just submitted a load of paperwork pointing out many more mistakes that the DWP have made thinking that that will go in my favour however with the tribunal informing the DWP about a mistake that they have found then my thoughts of me finding all of the other mistakes going in my favour all of a sudden don't look too favourable if the DWP get the opportunity to rectify any mistakes that they have made.
I'm a little confused now, being as your previous reply was that what ever evidence is sent in will not be looked at until the hearing date and today I received a directions notice in relation to my appeal without any hearing date at present.
It starts off with the tribunal has reviewed your Industrial Injuries Disablement Benefit Appeal. I know that on here you don't deal with IIDB, but the appeal process is still the same. I don't have to do anything in relation to the directions notice as it is for the DWP to respond to it. Apparently the " tribunal" have found an incorrect date within the DWP's response to my appeal papers and have stated -
1. The Respondent is directed to review the Response and consider whether the correct information has been provided in section 2. This is because date "21/04/1972" appears to be an error given that the date of the accident appears as 10/09/2013 in the response and the bundle.
2. A supplementary submission addressing this issue is to be sent to the Tribunal Service, and the Appellant, so as to be received within 28 days of the date of this notice.
3. After the expiry of 28 days further listing directions will be considered.
A party is entitled to challenge any direction given by applying for another direction which amends , suspends or sets aside the first direction.
To me that basically tells the DWP that they've made a mistake and I have just submitted a load of paperwork pointing out many more mistakes that the DWP have made thinking that that will go in my favour however with the tribunal informing the DWP about a mistake that they have found then my thoughts of me finding all of the other mistakes going in my favour all of a sudden don't look too favourable if the DWP get the opportunity to rectify any mistakes that they have made.
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- Gordon
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11 months 2 weeks ago #285436 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP using paperwork relating to a different benefit for an appeal
C
Looking back over your post there seems to be some confusion over the documents included by the DWP in their submission. They are required by law to include all documentation used in the making of their Decision, the fact that they included some from your PIP claim simply means that these were reviewed by them.
As to the mistakes you mention, showing the DWP was in error will not win your appeal, your primary focus should be on showing that you meet the criteria for the award you are seeking, this may include your highlighting the DWP's errors but you cannot do this alone.
Gordon
Looking back over your post there seems to be some confusion over the documents included by the DWP in their submission. They are required by law to include all documentation used in the making of their Decision, the fact that they included some from your PIP claim simply means that these were reviewed by them.
As to the mistakes you mention, showing the DWP was in error will not win your appeal, your primary focus should be on showing that you meet the criteria for the award you are seeking, this may include your highlighting the DWP's errors but you cannot do this alone.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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11 months 2 weeks ago #285461 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP using paperwork relating to a different benefit for an appeal
Hi CAP,
As a party to a tribunal you have a duty to co-operate with the tribunal and to help the tribunal further the overriding objective of fairness.
Even though the tribunal has asked DWP to clarify the paperwork, if you have paperwork that could help support your case then you should send it in. Or alternatively you could ask the tribunal for a Direction for DWP the relevant paperwork. You would need to explain to the tribunal what DWP should produce.
To clarify what Gary said earlier, whilst it is important to send in paperwork well before the hearing date, the tribunal panel members who will actually hear the case don't get their papers until around a week or two before the hearing date. Anything sent in after the two weeks time frame is either not going to reach the panel members, or may not get to them with sufficient time to consider the paperwork properly. Also, since DWP have the right to consider the paperwork you run the risk of an adjournment if sending things in late, or worse still important paperwork just isn't considered as its not with the tribunal panel.
If I have sent in additional evidence after the SSCS1 form, I always confirm with the Tribunal at the start of the hearing whether the paperwork has been received and considered.
I hope this helps.
LL26
As a party to a tribunal you have a duty to co-operate with the tribunal and to help the tribunal further the overriding objective of fairness.
Even though the tribunal has asked DWP to clarify the paperwork, if you have paperwork that could help support your case then you should send it in. Or alternatively you could ask the tribunal for a Direction for DWP the relevant paperwork. You would need to explain to the tribunal what DWP should produce.
To clarify what Gary said earlier, whilst it is important to send in paperwork well before the hearing date, the tribunal panel members who will actually hear the case don't get their papers until around a week or two before the hearing date. Anything sent in after the two weeks time frame is either not going to reach the panel members, or may not get to them with sufficient time to consider the paperwork properly. Also, since DWP have the right to consider the paperwork you run the risk of an adjournment if sending things in late, or worse still important paperwork just isn't considered as its not with the tribunal panel.
If I have sent in additional evidence after the SSCS1 form, I always confirm with the Tribunal at the start of the hearing whether the paperwork has been received and considered.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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