DLA. Revision vs Appeal. Deadlines.

Hi Folks

Re: Revision vs Appeal. Deadlines.


Having read the guides, I’m still a little uncertain about the one-month deadline for appeals to a first tier tribunal.


I received my Outcome Decision for DLA on 19.09.12. I felt that there was enough evidence and previous legal case law to challenge the award; that a favourable revision might have a reasonable chance of success (but by no means certain). So I submitted an additional 5 pages of evidence and arguments to the DWP, quoting previous rulings and supporting arguments, complete with extracts taken from their own manuals, asking for the decision to be looked at again …although I appreciate that my actions carry considerable risk as the DWP might make my award even worse.


I received a letter back confirming receipt of my revision request and a statement that it could take up to 11 weeks for a second decision to be reached. My question is this: the original one month deadline for appealing expires tomorrow. If the revision outcome remains unchanged or is worse, do I get another month to appeal from the date of the revision? Or is the cut-off deadline for appealing to a Tribunal taken from the date of the original Outcome Decision (in which case, there are just 24 hours left).


Kind Regards
Lee

Hi Lee,

You would have another month to appeal if the reconsideration does not go in your favour. My own reconsideration took almost 6 months so don't be alarmed if the 11 week target is missed!

As a note to other members - we usually recommend going straight to appeal as a reconsideration is then mandatory. Asking for a reconsideration alone simply lengthens the process.