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Forum Home  →  Discussion  →  Decision making and appeals  →  Thread

APPEAL MADE WITHIN ABSOLUTE TIME LIMIT - NO RECORD AT HMCTS/DWP

 

ElaineH
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Welfare Benefits Caseworker, Karbon Homes

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Total Posts: 10

Joined: 12 February 2018

Hi,
My query is what is the best course of action?

We made an online PIP appeal within the absolute time limit and I received an email as rep confirming appeal has been made and I am named rep. Awaiting bundle and hearing date.

Meanwhile back at the mill…..the loss of this award (conversion from DLA to PIP) has resulted in a couple rate SDP overpayment - ESA being in the name of the partner. This has been appealed and adjourned as judge wanted to know the outcome of the PIP appeal first - as if this is successful then the overpaid SDP will go away. The judge even rang someone during the ESA appeal on his hotline and DWP could not locate appeal.

Obviously I had to follow this up and was directed to do so and after some digging and a lot of conflicting information -  it would appear this online PIP appeal has simply disappeared into the ether. My only proof it was made is the email I received as rep upon making this appeal.

I now have new directions stating all systems have been checked and neither DWP nor HMCTS have any record either electronic or manual for this appeal. And have passed it back to me to “ascertain the position of this alleged appeal”. I have 28 days.

So - what do I do now?
I can’t make a late appeal within absolute deadline as I have already done that - but it is missing.
And the deadline has now passed.
Do I make another late appeal outside of the absolute deadline an ask for the deadline to be extended ?
A complaint?
Bearing in mind not only is there a potential extensive backdate of PIP here if successful, but there is also the SDP o/p to consider. Plus the fact the online appeal system seems to be a bit pants.

Any comments welcomed.
Thank you :)

 

     
Stainsby
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Welfare Rights Adviser, Plumstead Community Law Centre

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You must do what you were told and produce an interlocutory submission to the effect that the appeal was made

You have evidence which is the automatic email produced by HMCTS in response to the online appeal.  Provide a copy of that with your submission

I also think what I said in thread   https://www.rightsnet.org.uk/forums/viewthread/14702/ is just as relevant here.

Although it relates to documents furnished by fax rather than online, what Mr Commissioner (now Judge)  Jacobs said in R(DLA)3/05 applies equally by analogy to online documents.

You have evidence that the appeal was acknowledged by the HMCTS server, so following the same reasoning as Judge Jacobs did in R(DLA)3/05 the appeal is therefore properly made when acknowledged by the HMCTS server, even if it was subsequently deleted

Also see thread https://www.rightsnet.org.uk/forums/viewthread/14436/

      [ Edited: 9 Jul 2019 at 04:17 pm by Stainsby ]
ElaineH
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Welfare Benefits Caseworker, Karbon Homes

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Joined: 12 February 2018

Thank you Stainsby.
I’ve checked out the links - they will be useful.

Elaine

     
Paus17
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Epping Forest CAB

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This is another case of the vanishing online appeal. ElaineH, you might want to post it too in the separate thread under that title so that they are all together in one place. Also it might be worth putting in feedback to HMCTS as the relevant Director told the Justice Select Committee yesterday that he reads all the feedback.

     
ElaineH
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Welfare Benefits Caseworker, Karbon Homes

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Total Posts: 10

Joined: 12 February 2018

Thank you Paus17 - I will look at doing this.
Elaine