esa appeal

geoff wrote:

Thanks , understand fully what you have said ,just worried by ringing in person and asking about appeal and being told "will lapse appeal " he has in error given indication he no longer wishes to pursue ? if this is so assume will have right to reinstate appeal and say it was an error

If the appeal is with the Tribunal Service they will write to you to confirm that the appeal is to be closed, he will have one month, to tell them that he wants it to continue.

If it is still with the DWP, then the situation could be more complicated, as they are very bad at communicating facts to the claimant, and it is possible for the appeal to be cancelled without further communication.

If it is still with the DWP, I would write to the DWP regarding the conversation and confirming that he still wants it to proceed, this is definitely something to send by Recorded Delivery.

Gordon

geoff wrote:

Received letter from dwp -stating decision maker is about to issue a further decision so appeal not being sent to tribunal service and we can re-appeal if we dont agree with new decision - i am going to reply that unless new decision is a full refund of monies owing to fil then we do not want to stop appeal and intend to caary on ( am copying letter to tribunals clerk)

I would wait to see what the new Decision is before making any response.

If the DWP have made a new Decision that is more in favour of your FIL than the proceeding one, then they are entitled to lapse (cancel), the current appeal, the new Decision is itself appealable, but as far as I am aware the lapsing cannot be disputed.

I hope this explains it.

Gordon