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Late appeal evidence
Afternoon all,
I am trying to repsond to a Tribunal Direction regarding a late appeal. I need to justify the late appeal. The DWP have been asked to account for themselves as well.
I believe the client’s circumstances - ill health, lack of capacity etc - are good justification but I am concerned about an issue on the dates of appeal.
The original decision was made on 3/4/09, the client recieved notification on 7/4/09 and the appeal was submitted on 31/3/10. Yes, I know I was cutting it a bit fine! However, the DWP have date stamped the appeal letter 18/6/10, thus placing it outside the 13 month absolute limit.
From my clients file I can see that I emailed the local BDC and re-sent the appeal (as an attachment) on 21/5/10, after phoning them to check on progress and being told that there was no record of the appeal. No response to that email. I emailed and re-sent the letter again on 18/610; this time they responded and hence the date stamp…
Am I likely to have lost this one on the date issue or would a good account of my clients circumstances swing it for me? Should I even mention the emails?
Thanks in advance.
Should I even mention the emails?
I think you have to mention the emails and provide dated copies to stand a chance when they consider the hearing of the late appeal.
The moral of the story is that you need to fax any appeal and ensure that you keep the fax confirmation reciept on file