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Is the appeal I thought was closed still alive?
- Attached By a Flake of Skin
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1 week 5 days ago #296634 by Attached By a Flake of Skin
Is the appeal I thought was closed still alive? was created by Attached By a Flake of Skin
Yesterday I received a directions notice for an appeal which never came to pass.
I received an amended offer for PIP which I accepted out of desperation.
At the time I was told by DWP that there was no option to accept a payment and continue an appeal, in the way I believe was once the case. Instead i would have to make a fresh claim and go through the whole process again, which is where I am now, after man.recon. and awaiting an appeal hearing for my second application.
Before my first appeal was adjourned, I asked the court of appeal to disallow the DWP to close down the appeal from my first PIP application.
The directions notice I have received is for my first appeal. It appears that it may be going ahead.
I've checked the HMCTS website and sure enough, both appeals are listed there.
The status of the appeal shows as closed and the hearing was adjourned 13th Feb 2024.
My directions notice reads in a most peculiar way. Here's what it says:
1, In response to the Legal Officer's directions dated 28/06/2024, My B has provided a transcript of audio evidence previously submitted to the tribunal. This was placed on a separate appeal (the number of the later current appeal I'm expecting to happen).
2. The resondent does not object to the inclusion of this evidence in the appeal.
3. The tribunal directs that the transcript prepared my Mr B at addition W (case document 24) on case reference XYZ is admitted.
4. I consider that the appeal is now ready to list
5, 6,and 7 are just procedure
8 says the document should be added to the bundle for the older appeal,
9 says that the appeal is to be listed.
Is this for real?
Is this appeal still alive, or is it dead?
I received an amended offer for PIP which I accepted out of desperation.
At the time I was told by DWP that there was no option to accept a payment and continue an appeal, in the way I believe was once the case. Instead i would have to make a fresh claim and go through the whole process again, which is where I am now, after man.recon. and awaiting an appeal hearing for my second application.
Before my first appeal was adjourned, I asked the court of appeal to disallow the DWP to close down the appeal from my first PIP application.
The directions notice I have received is for my first appeal. It appears that it may be going ahead.
I've checked the HMCTS website and sure enough, both appeals are listed there.
The status of the appeal shows as closed and the hearing was adjourned 13th Feb 2024.
My directions notice reads in a most peculiar way. Here's what it says:
1, In response to the Legal Officer's directions dated 28/06/2024, My B has provided a transcript of audio evidence previously submitted to the tribunal. This was placed on a separate appeal (the number of the later current appeal I'm expecting to happen).
2. The resondent does not object to the inclusion of this evidence in the appeal.
3. The tribunal directs that the transcript prepared my Mr B at addition W (case document 24) on case reference XYZ is admitted.
4. I consider that the appeal is now ready to list
5, 6,and 7 are just procedure
8 says the document should be added to the bundle for the older appeal,
9 says that the appeal is to be listed.
Is this for real?
Is this appeal still alive, or is it dead?
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- LL26
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1 week 4 days ago #296675 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Is the appeal I thought was closed still alive?
Hi Attached By a Flake of Skin,
Sounds real to me!
It looks like the first appeal has been re-opened, and joined with the second appeal. Both should therefore be heard together. By making a new claim, the old claim will automatically cease, but you will still preserve continued benefit payments if you win vote appeals. Thus let's say claim 1 was made on 1st January 2023. You make the 2nd claim on 21st March 2024, then any benefit awarded gets paid from Jan 1st 2023 to 20th March 2024 on claim 1, and from 21st March 2024 onwards on claim 2.
It may be helpful if you phone the tribunal and ask them to confirm that both claims are now part of a joint appeal.
Additionally, if you haven't done so already you may wish to speak to a specialist benefits appeals officer from eg CAB or other local advice office.
The notice you gave received appears to a Directions Notice. If there us something you need to do, then you need to adhere to the timescale, or contact the tribunal to explain why you can't. All parties to a tribunal need to assist the tribunal. (That's both you and DWP.) A failure to cooperate with the tribunal can lead to the tribunal eg not admitting evidence or worst still striking out all or part of your case. (Or DWP's!) So please do comply with any Ditection that might apply to you. If DWP is supposed to do something eg send something and they don't, then it is equally important to chase this with the Tribunal.
I hope this helps.
LL26
Sounds real to me!
It looks like the first appeal has been re-opened, and joined with the second appeal. Both should therefore be heard together. By making a new claim, the old claim will automatically cease, but you will still preserve continued benefit payments if you win vote appeals. Thus let's say claim 1 was made on 1st January 2023. You make the 2nd claim on 21st March 2024, then any benefit awarded gets paid from Jan 1st 2023 to 20th March 2024 on claim 1, and from 21st March 2024 onwards on claim 2.
It may be helpful if you phone the tribunal and ask them to confirm that both claims are now part of a joint appeal.
Additionally, if you haven't done so already you may wish to speak to a specialist benefits appeals officer from eg CAB or other local advice office.
The notice you gave received appears to a Directions Notice. If there us something you need to do, then you need to adhere to the timescale, or contact the tribunal to explain why you can't. All parties to a tribunal need to assist the tribunal. (That's both you and DWP.) A failure to cooperate with the tribunal can lead to the tribunal eg not admitting evidence or worst still striking out all or part of your case. (Or DWP's!) So please do comply with any Ditection that might apply to you. If DWP is supposed to do something eg send something and they don't, then it is equally important to chase this with the Tribunal.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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