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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

Late appeal evidence

DeniseB
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Welfare Rights Advisor; Family Mosaic East Region

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Total Posts: 13

Joined: 18 June 2010

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.

chacha
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Benefits dept - Hertsmere Borough Council

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Joined: 13 December 2010

DeniseB - 17 December 2010 03:54 PM

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.

AXM
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Social Security Law Newcastle Law Centre

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Joined: 22 June 2010

The moral of the story is that you need to fax any appeal and ensure that you keep the fax confirmation reciept on file