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Appeal Reconsideration Notice ?

 

Bonnie
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BABL. Bridgend Citizens Advice

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Hi All,

1. There has been a number of our clients who’s appeals have lapsed due to the appeals officer changing the decision. Is anyone else seeing an increase in this happening?

2. Also, we have received an appeal reconsideration notice; attached. I’ve never seen this before! The appeal was submitted in June and a bundle had not yet been received.

     

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AdviceShop
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advice shop, bathgate, West Lothian council

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Yeah we’ve noticed an increase in these as well. Annoyingly, we’re getting letters advising the decision has changed but no information as to what the award now is. But yeah, definitely seen an increase recently

     
Jon (CHDCA)
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Welfare Benefits, Craven CAB, N Yorks

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This week a client received both an appeal bundle, and a decision lapsing the appeal (both with the same date). I didn’t think they bothered with the appeal response if they were going to lapse it?

Our more advantageous decision gave fresh right of MR, I think it should really have been a direct right of appeal. The above ‘appeals reconsideration notice’ doesn’t seem to give any rights of challenge at all, is there a separate decision notice?

     
past caring
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Welfare Rights Adviser Southwark Law Centre Peckham

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Jon (CHDCA) - 26 July 2018 09:29 AM

The above ‘appeals reconsideration notice’ doesn’t seem to give any rights of challenge at all, is there a separate decision notice?

Whilst I doubt that the DWP is that on the ball, from a starting point of no LCFW, the claimant now has LCFW and LCFWRA, so whilst there may still be a formal right of appeal, in the circumstances that’s all it is…....

     
Stainsby
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Welfare Rights Adviser - Peabody Trust

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You don’t need a second MR to appeal a decision that is revised before the appeal is determined

I have a particularly difficult case at the moment where the decision was to terminate ESA but a DM has subsequently changed the points scored on a WCA so the client would now be in the WRAG

I had argued for the Support Group so this particular DM has said he could not lapse the appeal

I asked for a direction from a Tribunal Judge and the (part time) Judge directed the appeal to go ahead.

My client does not want to attend a hearing so I am now in the position of asking for the direction to be set aside and replaced with a new direction lapsing the appeal