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TOPIC: Upset and gobsmacked

Upset and gobsmacked 6 months 2 weeks ago #188773

Judy wrote: Has this scenario ever happened (still no bundle today so Monday I will chase it up) that the DWP fail to respond to a tribunal appeal? And if so what would happen. (One can only hope).


It does, but quite infrequently.

What will happen next is that the Tribunal Service will write to the DWP and give them further time to make their submission, usually another 14 days. If they have still not responded after this then a Judge may order that the appeal proceeds without their input, but before you get too excited at this prospect, it may not be the help you would hope for. Tribunals are decided by the claimant showing that they meet the criteria for an award, so the onus will still be very much on you to show that this is the case.

Gordon
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Upset and gobsmacked 6 months 2 weeks ago #188774

Thank you Gordon, you're a star. (Puts popped balloon into bin lol).

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Upset and gobsmacked 6 months 2 weeks ago #188803

wishing you all the best of luck I'm sure you will get there in the end but we shouldn't have to go through this:(

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Upset and gobsmacked 6 months 2 weeks ago #188817

The DWP have responded. They for some reason talk about ESA and that the criteria for PIP is different than for ESA. I have no idea why they have put that in their response? No one has even mentioned ESA in my appeal notes ever?????

Oh well I must plough on now with my appeal notes as I expect I will hear soon from the courts.

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Upset and gobsmacked 6 months 2 weeks ago #188867

Well my bundle from the DWP came on Saturday. It has been quite helpful to me because they have numbered each page and it includes my previous PIP and the points I was awarded back then. I was surprised to see that, but it does mean I don't have to hunt all through my papers for the info.
My question is this, can I when writing my appeal refer the tribunal to page (for example) 64 or page 140 when doing my letter to them? Would they accept keep having to refer to certain pages or do I have to write the whole thing out again, even though they would have already read it once through. Assuming they read the whole bundle?

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Upset and gobsmacked 6 months 2 weeks ago #188878

Judy

It perfectly OK for you to refer to the page numbers that have been added, when you send in your information it will also be numbered based on the where the DWP bundle got to, so if you need to refer back to your own information then you should use this as well.

You can either refer to the page, or if the information is short then quote it in your document but still include a page number, so that those looking at it can still check the reference if they want.

Gordon
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