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DWP still no response to my appeal..
- lauren
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2 years 4 months ago #273197 by lauren
DWP still no response to my appeal.. was created by lauren
Hi the DWP were supposed to respond to my appeal by early August, they were then given until the end of August still nothing so am wondering what happens next.
Can they take as long as they need to to respond.I know there is a huge back log.
I think Im frightened it will just go on endlessly and just fade away lol.
Thanks in advance x
Can they take as long as they need to to respond.I know there is a huge back log.
I think Im frightened it will just go on endlessly and just fade away lol.
Thanks in advance x
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- LL26
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2 years 4 months ago #273202 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DWP still no response to my appeal..
Hi lauren,
I suggest that you contact the Tribunal and complain about the delays. The tribunal can issue Directions Notice to compel DWP to produce the appeal papers. If DWP doesn't comply it is possible that the tribunal will refuse to admit evidence from DWP. If this is a renewal case, where you have had previous award and the reduced or nothing, this is a Supersession- it is for DWP to prove an actual change of circs has happened (ie that your disabilities have improved, rather than just reliance on a poor assessment report.) If DWP do not produce the papers in a supersession case you could argue that DWP have not proved their case and hence the appeal should be allowed.
I hope this helps
LL26
I suggest that you contact the Tribunal and complain about the delays. The tribunal can issue Directions Notice to compel DWP to produce the appeal papers. If DWP doesn't comply it is possible that the tribunal will refuse to admit evidence from DWP. If this is a renewal case, where you have had previous award and the reduced or nothing, this is a Supersession- it is for DWP to prove an actual change of circs has happened (ie that your disabilities have improved, rather than just reliance on a poor assessment report.) If DWP do not produce the papers in a supersession case you could argue that DWP have not proved their case and hence the appeal should be allowed.
I hope this helps
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Andrew
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2 years 4 months ago #273204 by Andrew
Replied by Andrew on topic DWP still no response to my appeal..
Hi,
I`m in a similar position. DWP should have responded by the 8th August but, unsurprisingly, they didn`t. I left it a week then emailed HMCTS asking what happens next. This is their reply:
"Currently the Tribunal are reviewing appeals 21 days after a response is due.
If there is no response when the appeal is reviewed then the appeal will be sent to the Judiciary for a decision to be made on how the appeal should proceed.
If you have any further queries in relation to your appeal or wish to discuss further, please feel free to contact our customer service centre on 0300 123 1142."
21 days for me was the 29th August so I`m assuming my appeal is being reviewed.
Andy
I`m in a similar position. DWP should have responded by the 8th August but, unsurprisingly, they didn`t. I left it a week then emailed HMCTS asking what happens next. This is their reply:
"Currently the Tribunal are reviewing appeals 21 days after a response is due.
If there is no response when the appeal is reviewed then the appeal will be sent to the Judiciary for a decision to be made on how the appeal should proceed.
If you have any further queries in relation to your appeal or wish to discuss further, please feel free to contact our customer service centre on 0300 123 1142."
21 days for me was the 29th August so I`m assuming my appeal is being reviewed.
Andy
The following user(s) said Thank You: BIS, lauren
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- lauren
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2 years 4 months ago #273251 by lauren
Replied by lauren on topic DWP still no response to my appeal..
Hi there, hope you hear something soon. Its really confusing. I was told that there was a back log and that it was impossible to say how long it will take for a response by the DWP to be made.
I think because of the back log, the courts keep extending their time to comply?
I asked if a decision could be made by the judge with out them,but was told that hardly ever happens..
I Think the key is to keep chasing it up!
I think because of the back log, the courts keep extending their time to comply?
I asked if a decision could be made by the judge with out them,but was told that hardly ever happens..
I Think the key is to keep chasing it up!
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- lauren
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2 years 4 months ago #273252 by lauren
Replied by lauren on topic DWP still no response to my appeal..
Hi there will definitely chase it up. Ive heard of people waiting for months and months..
Thank you for your continued support x
Thank you for your continued support x
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