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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Proposing adjournments

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

I’ve just attended a IIDB appeal at which the Judge decided to adjourn on the   basis that the   issues which were brought up in the appeal form hads   not   been previously considered   by the dept as   part of the claim process ( even though they should   have   been)

Has anyone ever successfully   propoised an ad. to the TS ( not dept) after   having carefully read   papers and realised that certain issues would   be considered by LT which had   not   been previously raised?

The   lack of   presenting officers means that there is   no departmental rep for an opinion.

The Mandatory Reconsideration did   not touch on this   issue- if the appeal had   been heard the Dept may   have appealled decision delaying   payment   of   benefit

I’d   be grateful for peoples thoughts / experience/opinions it   is frustrating my client did   not   mind but I’ve   others who would   have done

Certainly I spend too much time   justifying the action s of the DWP at the   moment and I don’t   have time to spare….

Ruth_T
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Volunteer adviser - Corby Borough Welfare Rights & CAB

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If, on reading the Department’s submission, it appears that important issues raised by the appeal have not been addressed, the procedure should be to write to HMC&TS; requesting directions that the Department provide a supplementary submission which DOES address those issues.  This is best done as soon as possible, and I don’t think you should wait until the appeal hearing to raise the matter.

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

Yes, I appreciate that and am aware of   it.

Has anyone   any experience of doing this   or brining it   up at   other arena eg Tribunal Users Group meetings?