Benefit appeals/tribunal service

[postggj]

Before i was on Employment and Support Allowance, i was claiming Job-Seekers Allowance

 

Like most people, i received a Sanction, i appealed as the sanction was in contravention of my disability.

 

Four months down the line i have now received a letter from the DWP saying they have rejected my appeal and passed my appeal up to the appeals and tribunals service.

 

What happens now, and to pass my details to the independent appeals service should have been my choice, why has the DWP done this without my consent, even though i am not going to object to them passing my details onto the appeals and tribunals service.

 

Why was i not given the choice???

Edited May 15, 2013 by squaddie

[honeybee13]

Hello there.

 

If it works on the same basis as an ESA appeal, I think I'm right in saying that if your appeal for reconsideration is turned down, you automatically go to the tribunals service.

 

HB

[estellyn]

When you appeal, you are actually asking for it to be looked at by the Tribunal service, but part of the process is for the DWP to look again at their decision first.

[postggj]

Thanks for the clarification

 

Now that the First Tier Tribunal Service has the case work, how long do you think is normal to expect a decision??

[postggj]

Error

[estellyn]

Thanks for the clarification

 

Now that the First Tier Tribunal Service has the case work, how long do you think is normal to expect a decision??

 

You get a choice of an oral or paper hearing - these can take about 4 to 10 months at present dependant on location.

[postggj]

All i can say is the whole system is corrupt

 

The decision of one individual can sanction your entitlement for four weeks, yet it can then take over a year to get redress

 

If the appeal goes in the favour of the claimant, do the appeal panel members award any sort of compensation as well as the original amount retained as a way of saying sorry for the actions of the DWP

[swinginapig]

All i can say is the whole system is corrupt

 

The decision of one individual can sanction your entitlement for four weeks, yet it can then take over a year to get redress

 

If the appeal goes in the favour of the claimant, do the appeal panel members award any sort of compensation as well as the original amount retained as a way of saying sorry for the actions of the DWP

No unfortunately not, if you win your Tribunal you will only be entitled to back payments.

[postggj]

Well then, after 4 months of my JSA sanction ending, i get a response from the HM Courts and Tribunals Service with a questionnaire to fill inn

 

It states my appeal is being dealt with by the Birmingham Tribunals Service and asks if i wish to attend to put my case forward.

 

At last my dispute is going to be heard but also states:

 

Due to high volumes of appeals, i can expect to wait 4-6 weeks to get even an appeals date

 

So in reality i get sanctioned for a period of 4 weeks, and it will take anything up to a year to get justice

 

Seems Duncan Smiths Benefit Reform is really working, not fit for purpose more like

[Guest]

no surprise there then......disgraceful

[caro]

I went to a tribunal with a friend and it actually took much less time than we were told although still a good few months.

[osdset]

I waited eight months, which was two months less than predicted by the tribunal service.

[23sopwith]

just the thread im looking for

ive got a dwp tribunal (courts and tribunal service) in august : esa

what right di i have to advance disclosure to docs held by dwp on me i specifically want 2 pieces of evidence which do not exist. i can hear some of you saying durr

esa turnes down on the strength of a doc report which is non existant and the lack of the pink form esa 1 i believe

[Guest]

I think you are sent all their evidence (copies) etc with their papers which are sent to the tribunal when lodging the case for a hearing, and the dwp also have a copy of all your documents and papers etc ...in my tribunal I sent all mine to the tribunal service and they copied and sent to dwp and then I got the dwp stuff sent to me via the same method. so you should have it all? everything being used to back up their case should be in that pile of papers? same as your evidence for your case will be also?....

[caro]

We got everything months before even getting a tribunal date too. You could send a sar if you think you are missing anything that might help.

Edited June 30, 2013 by caro

[23sopwith]

atos and dwp say they will be using a letter from my gp however ive seen all the requests for written reports on

my medical condition and the last request was from dvla 3 years ago regarding the renewal of my driving license

caro from site team suggests a SAR will the £10 fee still be payable as the matter is now beiing put before courts and tribunals service so should fall under "advance disclosure" rules

[postggj]

Tribunals are a court, and vice verse

The jury is a judicial tribunal

 

6. It is important to take account of the fact that a jury is a judicial tribunal, and is expected to conform to judicial standards. Lord Devlin (Trial by Jury, 1956) explained (at p 41):

 

Full disclosure will apply

[caro]

atos and dwp say they will be using a letter from my gp however ive seen all the requests for written reports on

my medical condition and the last request was from dvla 3 years ago regarding the renewal of my driving license

caro from site team suggests a SAR will the £10 fee still be payable as the matter is now beiing put before courts and tribunals service so should fall under "advance disclosure" rules

 

There is no fee for a sar to dwp, so although you should get everything dwp consider necessary for the tribunal, if you send a sar you may find other things that may help you. The 40 day response time is the same as other sar's.

[postggj]

I applied for a SAR from the DWP three months ago as they stated i had outstanding loans from the social fund from 1997

 

They were very good in compliance and were very quick. They do not charge fee

 

The only complaint i have is that the response came in six individual special delivery packets over a three week period

 

The DWP is so fragmented with no central database for all the information collation in one hit