No response from the DWP to the PIP Appeal submitted online over 6 weeks ago

The DWP were supposed to respond to client’s PIP Appeal by 15th January 2024 (over 2 weeks ago) but they haven’t. Client received no phone call/correspondence from DWP either (regarding lapsing the appeal, for example). Online status of appeal states: ‘We’ve told DWP that you’ve appealed against their decision. They should respond before 15 January 2024. We’ll contact you and explain the next steps when they’ve replied.’

This is the first time I am witnessing this delay from DWP. Are there any specific procedural steps to follow in this scenario or should client do nothing (if so, how long before taking actions?)?

What law should I refer to?

HMCTS will chase it 3 weeks after it’s overdue.

Dear KristinaZ,

It used to happen haphazardly but I have had a lot more clients that this has happened to recently.

The process is to apply to a Tribunal Judge (or appointed officer) for a Direction that DWP issue the response (i.e. appeal papers) by a specified date e.g. a date 3 or 4 weeks hence or that they be barred from taking further part in the proceedings under Rule 8 The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008.

They seem to issue the documents quite quickly when that happens. I can only think of one historical incident when no papers were produced and Judge directed the appellant and us to supply the appeal paperwork from the documents we had.

I hope that this is of some help.

Best Regards

Chris

It’s a rare day indeed when DWP manage to meet this particular deadline and, sadly, in the “scheme of things” 2 weeks is nothing. I tend to let HMCTS do their thang and chase. Rule 8 is useful but rarely needed as HMCTS have a clear process with clear follow up points and it usually does the trick.