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Can anyone help/shed light...DWP obliterate previous months decisive Trib

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2 weeks 3 days ago #309918 by BIS
Hi Fy7

I'm sorry you have to lodge an appeal yet again. The Tribunal won't be impressed. Unfortunately you may have to wait a few months for a hearing.

BIS

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2 weeks 2 days ago #309952 by Fy7
Thank you for your response.

I’m not too worried about the wait Biz, I’ve always been able to muster patience when needed; rather it’s the seemingly irrational decisions, contradictory assurances from DWP and their utter refusal to accept what has been legally determined in court only weeks before that really frustrates me.

I don’t know what the tribunal will think, but I felt I had no real choice; I’ve never been involved in such a nonsensical process before in my life, nor been a witness to such huge waste of public funds; but I am more concerned about claimants with sensory conditions like mine who may not be able to persist in the way that I can, as I am acutely aware how easy it is for DWP to dismiss them.
The following user(s) said Thank You: denby

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2 weeks 1 hour ago #310012 by BIS
Hi Fy7

I'm glad to hear you have the energy to carry on fighting. In my opinion the DWP and or assessors are notoriously poor with sensory issues. I hope you win your fight.

BIS

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1 week 6 days ago #310021 by Fy7
Apologies for misspelling your name Bis,
regards

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1 week 6 days ago - 1 week 3 days ago #310043 by LL26
HI FY7, DWP have missed the deadline to prepare their submission (this will be the rationale behind the decision copies of all the claim papers, previous decisions, assessments, claim/review forms and any tribunal forms etc) You should write to the Tribunal asking for a Direction - explain that DWP have missed the deadline for their response. Ask that a Direction is made that the DWP case is struck out unless they provide their Response within 2 weeks of the date of your letter. (This usually gets DWP to act!) State in your letter that this is a Supersession case LL26 edit. I think I'm actually wrong about this being a Supersession as there are 2 closed claims and relates to a previous Tribunal award, and that your health condition has not improved (and/or has worsened.) Give the appeal number at the top of your letter. You may need to chase this further with the Tribunal if nothing is heard once you write in. Normally the Tribunal will send a reminder to DWP - Tribunal doesn't usually struck out the case, but it will make your application stronger, and then, if despite a reminder DWP still haven't supplied the papers, then definitely write in to Tribunal again and explain that there are now considerable delays and to reconsider striking out the DWP case. LL26 further edit.(As a Supersession - DWP have to prove an actual change of circs -and if their case is struck out they can't prove anything as they will have no evidence allowed!) Hopefully the case will get progressed without that! I hope this helps. LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 week 3 days ago by LL26. Reason: Incorrect advice

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1 week 5 days ago #310070 by Fy7
Dear LL26,

Thank you very much for your advice.

I would be delighted to follow this much needed advice but would you be kind enough to check below and confirm that I should still go ahead.

For clarity, can I just confirm that because the situation dictated that I made a new claim, but with no break and therefore this is not a review, that it can actually still be regarded as a supersession.?

Many thanks again for your input.

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