How to expedite a social security appeal

[BRRY]

Peoples if you are waiting on a tribunal hearing, here is a letter which will

 

expedite it. Apologies it is so long but insert file doesn't seem to work to well, have had problems before.

 

 

How to expedite a social security appeal

 

MODEL LETTER

[Address]

[Date]

First-tier Tribunal

[address]

By [recorded delivery / fax / email]

Dear sirs,

 

FOR THE URGENT ATTENTION OF THE DUTY JUDGE

APPLICATION FOR DIRECTIONS

Re: [Client name] [Client NINO] (Appellant) v [Respondent name] (Respondent)

 

1. This is an application, under Rules 2, 5, 8 and 24 of the First-tier Tribunal (Social Entitlement Chamber) Rules of Procedure 2008 [‘the Rules’], for the Tribunal to make the following directions:

 

a. The Respondent shall within [xx] days of the date of this direction comply with Rule 24 by sending to the Tribunal and to the appellant a response to the appeal.

 

b. If the Respondent does not comply with this direction, it shall without further order of the Tribunal be barred from taking further part in proceedings.

 

2. Because of the urgency of the Appellant’s situation, which is particularised below, the Tribunal is respectfully asked to determine this application within [xx] days.

 

Case history

3. On [date] the Respondent decided that the Appellant was not entitled to [benefit].

 

4. On [date] the Appellant sent an appeal against that decision to the Respondent. The Appellant explained the need for urgency and asked the Respondent to comply with Rule 24 within [xx] days.

 

5. On [date] the Appellant wrote to the Respondent reiterating the need for urgency and stating that unless Rule 24 was complied with within [xx] days the Tribunal would be asked to direct the Respondent to make a response.

 

6. Upon receiving an appeal, Rule 24 requires the Respondent to send its response to the Tribunal and the Appellant as soon as reasonably practicable. The Respondent has not given any explanation for the delay or produced any evidence of why it has not yet been reasonably practicable to send a response to the Tribunal.

 

Jurisdiction

7. The Tribunal has the power to issue directions before it has administratively been notified by a respondent of the existence of an appeal: FH v Manchester City Council (HB) [2010] UKUT 43 (AAC) and Social Security Decision R(H) 1/07.

 

Fair and just to make direction sought

8. The overriding objective of the Rules is to enable the Tribunal to deal with cases fairly and justly: Rule 2(1). This, in particular, includes:

 

a. dealing with the case in ways which are proportionate to the importance of the case: Rule 2(2)(a); and

 

b. avoiding delay, so far as compatible with proper consideration of the issues: Rule 2(2)(e).

 

9. It is submitted that the following factors demonstrate that it would be fair and just in the circumstances to make the direction sought:

 

a. the prompt resolution of this appeal is of exceptional importance to the Appellant, and the delay is causing the Appellant hardship because:

 

i. the benefit in question constitutes [all/most] of the Appellant’s income [insert details]. As the Court of Appeal said in Wiles v Social Security Commissioner [2010] EWCA Civ 258, §46-47, such decisions

 

directly affect… access to the most fundamental necessities of life… [and] may be of fundamental importance [to a claimant]… making the difference between a reasonable life and a life of destitution;

ii. non-payment of the benefit means the Appellant risks homelessness [insert details – especially relevant in HB appeals where the appellant has a private landlord];

iii. non-payment of the benefit means the Appellant cannot buy necessary services [insert details – for example, if the Appellant has to pay for the services of a carer];

 

iv. the appellant [and/or his family] can be described as particularly vulnerable because [insert details – eg disability, especially any health problem exacerbated by the uncertainty of delayed appeal proceedings];

 

v. the appellant has children aged [xx] whose interests are endangered by the delay [insert details];

 

vi. the Appellant cannot rely on alternative resources because [insert details - eg he has no family able to support him, he has been turned down for a crisis loan, there is no nearby food bank];

 

b. the Appellant has a strong case [insert details];

 

c. the Appellant has attempted to persuade the Respondent to reconsider his decision so as to avoid the need for a Tribunal hearing but the Respondent has not made any reasoned response [insert details];

 

d. as indicated above, the Appellant has attempted to persuade the Respondent to comply with Rule 24 without the need for a direction from the Tribunal, but the Respondent has not made any reasoned response;

 

e. the Respondent has not, despite requests to do so, produced any evidence or explanation for why it has not despite the passage of [xx] weeks been reasonably practicable to make a response;

 

10. Enclosed with this application are the following documents:

 

a. the Appellant’s notice of appeal;

 

b. the letter sent to the Respondent asking for the appeal to be dealt with urgently;

 

c. the reminder letter sent to the Respondent warning that the next step would be this application for a direction from the Tribunal;

 

d. [evidence substantiating any assertion that the Appellant has a strong case];

e. [evidence substantiating the hardship being caused to the Appellant by delay. This might include a witness statement from the Appellant].

 

Yours faithfully,

[Name]

[45002]

Just posting a link would be easier

 

http://unemploymentmovement.com/forum/sheild/6860-how-to-expedite-a-social-security-appeal

[BRRY]

Some people might wish to read it on this forum

[antone]

Some people might wish to read it on this forum

 

No, they probably don't want to read it on this forum. Most of our members can click on a link.

 

Of course, if you could actually explain your rationale for posting this here, things might be different. Can you explain to us why these magic words will expedite the tribunal?

[BRRY]

It is clear in its wording why it will expedite a tribunal. If you are the voice for everyone please let me see the evidence.

[estellyn]

No, they probably don't want to read it on this forum. Most of our members can click on a link.

 

Of course, if you could actually explain your rationale for posting this here, things might be different. Can you explain to us why these magic words will expedite the tribunal?

 

No these 'magic words' wouldn't necessarily expedite a Tribunal hearing.

 

The letter is overly complex and could only be used in a case where the appeal has yet to be sent to the Tribunal Service, it also assumes that other letters have been sent to the DWP previously, making 'demands' over timescales. If you were just waiting for your hearing date, after your case had been sent to the Tribunal service, and then you sent this, you'd look pretty silly.

 

Making demands of the DWP to deal with an appeal within a particular time limit, is in my experience, in most cases, a waste of time. The appeals officer has a huge pile of appeals to deal with and you would need a pretty compelling reason for your appeal to get to the front of the queue - something like terminal illness would be compelling, but simple financial hardship, having children, disability or vulnerability doesn't cut the mustard, because there are 100's of appeals in front of you also in these circumstances.

 

With the advent of mandatory reconsideration - once your case has been reconsidered, you appeal direct to the Tribunal Service and they then take the lead, and time limits are due to be imposed on the DWP in order to speed up the appeals process.

 

This doesn't stop an appellant from requesting their appeal be expedited, but they do need to have a good reason, and this can be set out in a letter simply to the chair of the Tribunal without the need to try and misquote regulations. The Tribunal Service will then respond and tell you whether you merit an expedited appeal.

 

Not sure what is going on in the head of the OP, but I notice they have been banned......

[Sparkles1]

Thank you BRRY for posting this. I for one think it will be very helpful.

[antone]

Thank you BRRY for posting this. I for one think it will be very helpful.

 

Caveat emptor.

[antone]

No these 'magic words' wouldn't necessarily expedite a Tribunal hearing.

 

The letter is overly complex and could only be used in a case where the appeal has yet to be sent to the Tribunal Service, it also assumes that other letters have been sent to the DWP previously, making 'demands' over timescales. If you were just waiting for your hearing date, after your case had been sent to the Tribunal service, and then you sent this, you'd look pretty silly.

 

Making demands of the DWP to deal with an appeal within a particular time limit, is in my experience, in most cases, a waste of time. The appeals officer has a huge pile of appeals to deal with and you would need a pretty compelling reason for your appeal to get to the front of the queue - something like terminal illness would be compelling, but simple financial hardship, having children, disability or vulnerability doesn't cut the mustard, because there are 100's of appeals in front of you also in these circumstances.

 

With the advent of mandatory reconsideration - once your case has been reconsidered, you appeal direct to the Tribunal Service and they then take the lead, and time limits are due to be imposed on the DWP in order to speed up the appeals process.

 

This doesn't stop an appellant from requesting their appeal be expedited, but they do need to have a good reason, and this can be set out in a letter simply to the chair of the Tribunal without the need to try and misquote regulations. The Tribunal Service will then respond and tell you whether you merit an expedited appeal.

 

Not sure what is going on in the head of the OP, but I notice they have been banned......

 

Yeah. I didn't ban the OP (I can't do that, I'm a mere cog in the machine, heh) but the extensive spamming of several posts that have appeared on other forums...well, that was not appreciated.

 

But what really bothers me is this "magic words" thing - like all you need to do is send a correctly worded letter and the DWP or HMCTS will be obliged to put you ahead of all the other people in exactly the same situation. As you know, and as the OP apparently didn't know, it doesn't freakin' work like that!

 

PS - Rewatched Dollhouse. Does it make me look old when I say I really wanted to marry Adele de Witt?

[estellyn]

 

PS - Rewatched Dollhouse. Does it make me look old when I say I really wanted to marry Adele de Witt?

 

Certainly doesn't! Olivia Williams who played her is not much older than me, and I am assured by my husband, is highly attractive in the role......though he did say in a sexy schoolmistress sort of way. Sadly no man candy in Dollhouse for me, all too chiselled, pretty or Topher, not my style. There's always Firefly......

 

What do you think of the new Doctor Who?

[estellyn]

Oh, and you're right, there are no magic words to get an appeal to the front of the queue - a DS1500 will normally do it, but it's certainly not magic, and not anything I'd want or wish on anyone.

[antone]

Certainly doesn't! Olivia Williams who played her is not much older than me, and I am assured by my husband, is highly attractive in the role......though he did say in a sexy schoolmistress sort of way. Sadly no man candy in Dollhouse for me, all too chiselled, pretty or Topher, not my style. There's always Firefly......

 

What do you think of the new Doctor Who?

 

Yeah, if you don't like the "chiselled tough guy" or the "geek" you're kinda stuck with Dollhouse. But Firefly probably works for many folks - I'm more of a Kayleigh guy than an Inara guy, but my wife tells me Mal is hot. Also, if I were into guys, I'd totally be interested in Warsh. Actually, the contrast between Alan Tudyk's roles in Dollhouse and Firefly is weird.

 

Doctor Who, well, I was pleasantly surprised by Matt Smith, and I'm sad to see him go. But overall, since 2005, it's been the greatest show on Earth. Onwards and upwards, I hope.

[estellyn]

Yeah, if you don't like the "chiselled tough guy" or the "geek" you're kinda stuck with Dollhouse. But Firefly probably works for many folks - I'm more of a Kayleigh guy than an Inara guy, but my wife tells me Mal is hot. Also, if I were into guys, I'd totally be interested in Warsh. Actually, the contrast between Alan Tudyk's roles in Dollhouse and Firefly is weird.

 

Doctor Who, well, I was pleasantly surprised by Matt Smith, and I'm sad to see him go. But overall, since 2005, it's been the greatest show on Earth. Onwards and upwards, I hope.

 

I definitely like geek - heck I'm a geek myself, and my husband is a geek, but Topher is just too ubergeek for me. I can understand liking Kaylee better than Inara, from a female perspective she seems very loveable. Either Wash or Mal is OK by me. I'm a huge Alan Tudyk fan, I've seen him in a few things and he's a great actor - the first Dollhouse episode he's in is amazing. I feel really robbed of the whole 'redemption of alpha' storyline, that we would have had if the show hadn't been cancelled - but it seems mainstream America doesn't do shades of grey, and wouldn't switch on to a show with so many moral ambiguities in their 'good guys'.

 

As you know we disagree on Matt Smith and the quality of the show since he's been in it, and I'm happy he'll be going. I find Peter Capaldi very watchable, and I'm keeping my fingers crossed for good writing.