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how long would you wait?
won an appeal last year, and after some delay the DWP asked for a statement of reasons…no further communication (that was back end of september)
how long after that would you wait before safely closing the file? i wonder as i had waited, as i thought, more than long enough before deciding to close it then, only to then get letter saying they had asked for the SOR…
Have they paid the appellant yet?
i’ve been in this position in the past and have rung the tribunals service to see when/if SOR sent out. if it’s more than a month after that and TS hasn’t received leave to appeal from DWP, prob safe to close file.
thanks all
and Pete, it was a LTAHAW case, we were appealing an overpayment decision re IS
Find a solicitor and threaten a Judicial Review it worked almost instantly for us a few years back.
Find a solicitor and threaten a Judicial Review it worked almost instantly for us a few years back.
Claire is a solicitor :-)
i’ve been in this position in the past and have rung the tribunals service to see when/if SOR sent out. if it’s more than a month after that and TS hasn’t received leave to appeal from DWP, prob safe to close file.
That’s what i do.
thanks all
and Pete, it was a LTAHAW case, we were appealing an overpayment decision re IS
doh - i didn’t think of that!
I have had at least one case like this where although TTS sent out the notice the DWP were able to demonstrate that it had not been sent to the correct office (I suppose something similar to the principles set out in Hinchy might apply?) and the time limit was counted from the date it was recieved at the correct office. I must add that I did not personally continue with the case (I was ‘professionally embarassed’ after my client passed on information to me which would have been absolutely fatal to her case and then refused to let me disclose it.) so did not have any opportunity to ask that a judge declare the application for a set aside by the DWP as ‘out of time’
Have you received a copy of the statement of reasons, is there anything they could challenge , has more than a month passed since date statement was issued. If no challenge has been made assume safe to close.