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2 weeks to comment on DLA appeal papers submissio?

  • Nervy
  • Topic Author
13 years 3 months ago #39099 by Nervy
I got a letter DBD290 with my DLA appeal papers submission saying about having 2 weeks to send comments to the Disability and Carers Service...

"If you have any comments about the information contained in the submission please send them to us at the address shown above. You should do this witin two weeks of the date shown at the top of this letter."

...yet if i "want to sent further evidence" I should "contact the Tribunals Service"

It says I *should* do it within two weeks. I'd have thought anything i want to contest in the appeal papers submission should go to the Tribunals Service shouldn't it?

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  • originaldave
13 years 3 months ago #39102 by originaldave
Nervy wrote:

I got a letter DBD290 with my DLA appeal papers submission saying about having 2 weeks to send comments to the Disability and Carers Service...

"If you have any comments about the information contained in the submission please send them to us at the address shown above. You should do this witin two weeks of the date shown at the top of this letter."

...yet if i "want to sent further evidence" I should "contact the Tribunals Service"

It says I *should* do it within two weeks. I'd have thought anything i want to contest in the appeal papers submission should go to the Tribunals Service shouldn't it?



comments is just that not mure than hear say... where as evidance is not for them to deal with, that said a comment like you missied out dealing with x y or z still gives them a chance to address your un happines with there decsion

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 3 months ago #39114 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:2 weeks to comment on DLA appeal papers submissio?
Nervy wrote:

I got a letter DBD290 with my DLA appeal papers submission saying about having 2 weeks to send comments to the Disability and Carers Service...

"If you have any comments about the information contained in the submission please send them to us at the address shown above. You should do this witin two weeks of the date shown at the top of this letter."

...yet if i "want to sent further evidence" I should "contact the Tribunals Service"

It says I *should* do it within two weeks. I'd have thought anything i want to contest in the appeal papers submission should go to the Tribunals Service shouldn't it?


Hi N,

It's the DWP Decision Maker (DM) who prepares the appeal submission, not the Tribunals Service. The DM makes decisions on behalf of the Sec of State for Work and Pensions. You are challenging the DM's decision by appealing to a tribunal who are independent of the DWP.

A tribunal is a complete rehearing of your case, with the Tribunal Panel knowing nothing about you except for what's in your case bundle.

Therefore comments about the submission should be sent to the DWP, but once they send your appeal to the Tribunals Service, any further evidence should be sent to the Tribunals Service (TS)

TS handle all appeals including Employment Appeals, Immigration Appeals etc. etc. not just Social Security Appeals.

See Tribunals Service and
Social Security Tribunals for full details.

Hope this helps.

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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  • Nervy
  • Topic Author
13 years 3 months ago #39179 by Nervy
Jima1 wrote:

Therefore comments about the submission should be sent to the DWP, but once they send your appeal to the Tribunals Service, any further evidence should be sent to the Tribunals Service (TS)

With my letter from the Tribunals Service it says "If you require more time to obtain further evidence, please let us know how long this is expected to take"

But on the enquiry form the only place to write this that i can gather is Question 8 "Use this box to tell us about any other special arrangements you need. For example, hearing loops, access for people with disabilities." Should i write it there?

And what to write....

I have yet to finish off my letter and the letter from a relative and getting a letter from my mental health nurse. This may take a few weeks.

Do i even need to write it if i'm ticking the box to attend an oral hearing?

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  • Nervy
  • Topic Author
13 years 3 months ago #39302 by Nervy
Nervy wrote:

And what to write....

I have yet to finish off my letter and the letter from a relative and getting a letter from my mental health nurse. This may take a few weeks.

I was just wondering about what you thought about me writing that or should i write....

I require more time to obtain further evidence. It is expected to take a month or so.

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13 years 3 months ago #39307 by Gordon
Nervy

When the world was simpler and nobody needed to appeal a benefits decision, you had four weeks from the date you receive the evidence packet in order to return your evidence for inclusion in the case.

Nowadays, tribunal dates are averaging 6-7 months, although there are regional variations, so in practical terms, you have some time before your evidence "needs" to be submitted, that said, you should make sure everything is in place 3-4 weeks before the Tribunal as they need to copy everything to all parties.

Your wording seems fine.

Gordon

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