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Is there a right of appeal against a refusal to reinstate a withdrawn appeal?
Our client appealed a decision refusing ESA following a medical. She says that she then received a telephone call from the Jobcentre during which she was told that “her appeal had no chance of success”. As a result she withdrew her appeal.
Shortly afterwards, she received a decision that she was no longer entitled to DLA, and at this stage she approached us for assistance. She was assisted with an appeal against the DLA decision and an in-time request to the Tribunals Service to reinstate her withdrawn appeal. This request has been refused on the basis that she had given clear and explicit instructions to withdraw the appeal.
Rule 17(4) of the tribunal procedure rules provides for a withdrawn appeal to be reinstated, but I can’t find any provisions relating to whether refusal of reinstatement can be appealed. Other than repeating the request, is our only recource to JR?