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Appeal

RABSTER_78
RABSTER_78 Member Posts: 31 Listener
Hi all I was wondering how long it should take universal credit to send there evidence to the tribunal as I sent in my appeal to them with help from community law and I received a letter from the first tier tribunal saying that they received it on the 2nd of August this year and they would write to the dwp for them to prepare there paperwork ! while all that was going on I had a pip assessment on the 5th of August and on Monday I was told I would stay on standard care of pip but they have awarded me enhanced mobility so I called the tribunal on Tuesday 17th of September to ask if there was a date set for my hearing to get on the support group for universal credit as universal credit have deemed me fit for work and scored me 0 points and the same 0 points after my mandatory reconsideration appeal of which was a disgrace of a decision if am honest ! anyway the person at the tribunal told me that they had to write to the dwp to ask for there paperwork and I asked her if the dwp had asked for a an extension to get it in to the tribunal and she said no ! I am under the impression that you have 28 days to get your appeal in so does that not apply to the dwp also as that's been 7 weeks since I received my letter from the tribunal the same as the dwp would have what would be the outcome and timescale for the dwp to send in there paperwork as I think this is unfair that I get 28 days and yet it's been nearly 7 weeks and the dwp haven't sent there's in and the tribunal have had to send the dwp a reminder as this isn't fair that they can drag there heels and take all the time in the world and that seems to be ok with the courts but people like me only get 28 days can someone put some light on this matter thanks ?

Comments

  • April2018mom
    April2018mom Posts: 2,868 Connected
    Hello @RABSTER_78

    If you wish to fight a closed claim for UC, you need to call the DWP helpline (number is 0800 328 5644) and request another mandatory reconsideration pronto. Definitely call up today as you only have a month to do so. Also you might need to take this to tribunal and have someone who is not hired by the DWP look at your claim again and decide.

    https://www.gov.uk/appeal-benefit-decision

    I've posted the link above. Keep us updated on the outcome of your tribunal for UC. 
  • RABSTER_78
    RABSTER_78 Member Posts: 31 Listener
    April i am already awaiting for a hearing at the tribunal for universal credit as I was informed by the tribunal that they have received my appeal on the 2nd of August and they would be asking the dwp to prepare there paperwork and send it in to the tribunal but I called the tribunal on Tuesday and was told that the court has had to write to the dwp as they haven't sent there paperwork yet and it's been nearly 7 weeks since I got notified by the tribunal that they have received my appeal ! the question I was asking about was how long does the court allow to send in there evidence to them as the tribunal have had to write to the dwp as a reminder I was under the impression you have 28 days to submit it or ask for an extension of which the dwp haven't asked the court seems unfair that they are allowed all the time in the world yet we the claimants get 28 days
  • poppy123456
    poppy123456 Member Posts: 29,706 Disability Gamechanger
    Hi,

    This happens a lot with DWP, they do eventually send it but how long it will take is anyone's guess. You still need to carry on as normal and send your evidence and reasons why you think you should be given LCWRA. Do remember that even though you have Enhanced mobility award the criteria for LCWRA is different to PIP.

    Waiting times, don't expect a hearing date anytime soon, i'm afraid. Waiting times for hearings in most parts of the country are huge because of the backlogs. Some are waiting a year and more for a hearing date. You can ring HMCTS and ask what the current waiting times are for your area but this will still only be a guide.
  • RABSTER_78
    RABSTER_78 Member Posts: 31 Listener
    thanks for that Poppy but I thought because it's the court of law they are timescales to present evidence as I only get 28 days ? and my whole assessment was a joke and the mandatory reconsideration appeal was laughable as I scored 0 points at all even with all my medical evidence I sent am sure a law judge and independent panel will see that specially with my pip awards I received you would think they would at least give you some points based on the evidence that was provided poppy ! but to score you nothing is beggars belief 
  • poppy123456
    poppy123456 Member Posts: 29,706 Disability Gamechanger
    Yes there are timescales but it happens a lot with DWP not responding within those times. It doesn't mean that you've won because they haven't responded. It will still continue as normal.

    I believe you were award Enhanced mobility because of a physical condition, is that correct? If so then the LCWRA descriptor for mobilising includes your ability to use a self propel wheelchair. If you're unable to self propel a wheelchair then you need to prove you can't go this. It's not just about you're ability to walk a certain distance.
  • Adrian_Scope
    Adrian_Scope Posts: 8,595 Scope online community team
    edited September 2019
    @April2018mom. Thank you for trying to offer support, but please be mindful of the accuracy of the advice you give.

    Hi @RABSTER_78.
    I'm really sorry you weren't given any points at your recent assessment and that the decision didn't change at MR. Sadly the large majority of MRs are rejected (I believe it's only around 18% of these result in a change to the original decision). The good news is that the win percentage at tribunal is believed to be at an all-time high of 75%.
    They don't seem to have the same 28 day timescale to submit their evidence and unfortunately as @poppy123456 mentioned, there is a huge backlog of appeals, so many people have been waiting close to a year. 
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  • RABSTER_78
    RABSTER_78 Member Posts: 31 Listener
    yeah poppy I was awarded enhanced mobility I was scored highly for the 20 metre ruling and not being able to sit and stand for periods of time of which isn't very long without being in pain so being in a wheelchair wouldn't help me as sitting down all the time would just be as worse as standing for a period of time poppy 
  • poppy123456
    poppy123456 Member Posts: 29,706 Disability Gamechanger
    Sitting and standing for long periods isn't part of any of the PIP descriptors. Moving around part of mobility PIP is about your ability to walk and is slightly different to the mobilising descriptor for both ESA groups.

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