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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Coming the heavy with a late revision request

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

I’ve been worrying about late revision requests. With my service user group it’s rare I see a decision in time to challenge it, it’s pure fluke that the first couple of MRs I came across were in time. I don’t think I’ve made an in time appeal request under the old rules in all my time in mental health.

Now I’ve a late one; the reasons for lateness are pretty strong and I feel that on at least one ground the application has merit. If they refuse it I wonder about JR on Wednesbury grounds.

I suspect, although I’ve not seen it written, that JR at the UT is as onerous as if it were at the High Court, this won’t attract Legal Aid as its only a two week sanction and with the rule 10 funding being used as a mechanism to get the Legal Aid bill down I’ve little hope of exceptional public interest funding. I think in questioning the application of reg 6 UC (D&A) 2013 it’s proprtionate to make the application.

I don’t know whether I could find someone to do it pro bono although that’s at the back of my mind, however I wonder about doing it myself… It’s the UT so rights of audience would appear not to apply.

I can manage a pre action letter; I’ve done a couple so far and no-one’s complained. Hopefully that will rattle a result, however I’d like to think that there’s some weight to that particular stick. It’s a crying shame that we’re left to be wielding that stick but so be it… maybe!

I’d be interested in people’s thoughts… “you’re mad, forget it” is just as valid as anything else.

Fat finger edit

[ Edited: 18 Mar 2014 at 04:42 pm by Dan_Manville ]
Bryan R
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Folkestone Welfare Union

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Joined: 22 April 2013

Not mad at all Dan

Maybe these can help:  http://www.i-probono.com/index.aspx

They helped us in a very complicated case in the past.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Total Posts: 2262

Joined: 15 October 2012

Thanks Bryan

Edit. Duly registered. Thanks again.

[ Edited: 18 Mar 2014 at 04:41 pm by Dan_Manville ]