Lost bundles

We have in the space of a week received 3 direction notices where it would appear the DWP have not issued the appeal papers to the Tribunal.  Nothing unusual here.  However in all 3 examples we have the ‘bundle’ already issued and sat in the office. 

The fact that we have had 3 in one week would suggest this is a wider issue? 

It obviously causes some confusion and for many people receving a direction notice can be intimidating , even if it is just telling the DWP to do something. 

I’ve had this too.  Also DWP not telling TS that appeal changed in clients favour to lapse the appeal.

Me too.  Six months of HMCTS sending DWP reminders and directions and ignoring my offer to send them a copy so the appeal could be heard promptly.

They eventually got a copy from DWP and listed the appeal for a telephone hearing, at which they decided to adjourn for medical evidence.

I’ve had a letter from the UT last week, saying that the FTT cannot supply them with the bundle, and asking if we can send them a copy.

I’ve been finding that in many cases where I’m down as rep, the DWP aren’t sending me a copy of the bundle when appellant and HMCTS are getting theirs, which isn’t very helpful in the current situation.

Had all of the above and more. I especially love their emails telling me I can’t have an electronic bundle… followed by an emailed bundle. Had that happen three times now.

Had two appeals listed where I was the only party without a bundle.

Also, and a personal fave, had a judge direct that I had failed to comply with a direction to provide a submission nor detailed the availability of myself and the appellant. Not only had I submitted the sub a week before the direction was issued but availability was detailed in the SSCS1 and DWP still hadn’t complied with two directions. That was the subject of a successful complaint which plainly revealed that clerks are basically telling judges any old nonsense in order to get things listed. Inevitable postponements follow.

The latter made me genuinely angry. Appellant only available outside of term time and we’d given many months notice of October half-terms dates along with a judge then directing the same. Clerk emailed to apologise for the October dates having gone and I hit the roof. Heard and won last week.

Lost in all of this is the disgraceful role of DWP who are now consistently failing to respond to directions let alone comply with them and seem to be objecting to stuff for a laugh.

In the above case we had a provisional award on the papers. I disagreed with it (and there was clearly an error which needed correcting) but client was happy to accept. DWP then disagreed with the decision (having awarded a massive 2 points for reading on first claim and MR) so we wait for a telephone hearing which, as per the above, HMCTS do their level best to screw us around on. Final outcome was 27 points; enhanced rate of both on an ongoing basis. Previous experience suggests despite objecting DWP will now just pay up. So, why object?

Had similar earlier this year. Got a client PIP on MR but neither of us happy so appealed. Upon appeal DWP actually reviewed and removed a component on the basis of facts around employment already known to demonstrably false i.e. appellant had given up work specifically because of their impairment worsening. Pending the appeal I lodged further review requests and complaints which DWP roundly ignored; latter denied receiving at all and then wrote a detailed account of how they had had our letters but had no obligation to do anything with them. Indeed they wrote one of the most personal i.e. abusive subs I’ve ever read. Simultaneously managed to put no effort whatsoever into complying with the judges directions re: DLA evidence and my review requests.

You can kind of guess the rest. They don’t turn up for the phone hearing; the appellant gets double top on an ongoing basis literally inside 5 minutes and DWP pay up instantly as though none of the previous year of nonsense they’d put the appellant through was real.

Exactly the sort of case where they sit in Parliament telling MPs how “new evidence” was presented on the day! I don’t think so.

I feel much better now :)