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Welfare rights how long to wait?
shanouck
Posts: 28 Forumite
My friend has contacted a welfare rights organisation about benefits i feel that there stringing him along, How long does he wait? In June he called a welfare rights agencey about his ESA being cancelled as he is getting no where with social, he has had a triple bypass and may need hospital again for a pace maker he gets DLA he uses that to pay his bills all evidence welfare rights people wanted was posted on the 17th of July to them recorded, he recieved no comunication from them so he called they said they would send a copy of a letter they sent the social this has not turned up, i emailed them and they refused to talk just saying (i will call) that is all. they never did, he got on the phone and his welfare advisor was busy she never called that day but the morning after and said the social have something to hide as they have not replied to her letter she has wrote another letter to the social and said she would post a copy to my friend this has not tunred up either - i know it takes time waiting for social to reply (or not) but how much time do welfare rights give them? 7 days 14 days?... I can not help but feel that my friend is being lead up the garden path and that the welfare rights advisor is not helping him? It is now september how long does he have to wait? or should wait for some sort of outcome? It says in the document he signed with them that they would keep in contact with him i feel that they are not - missing letters also worry me? i am told he can make a complaint but do not want tot upset some one that is trying to help him if (she is helping) but feel she is not - I am interested in hearing what others have to say? anyone had experiance with welfare rights organisations?
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Comments
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Your friend (or you) should concentrate on the possible appeal, rather than complaints.
Unfortunately, if the decision was made in July, you cannot appeal it as normal, but have to request permission for a late appeal.
Welfare rights orgs are overwhelmed in many areas, without inadequate funding.
The DWP may take many weeks to reply to letters.0 -
Agree with above..there's limited information to go on but it sounds like the immediate focus needs to be on whether appealling the decision to stop ESA is possible... that is something that due to time they might have to figure out the basic details for without free legal advice that may take some time to get."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0
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Your friend could also make a written request for a copy of his file held by the WR organisation, this will enable him to see what is happening and may assist in making a late appeal (if it is shown that the action/inaction by the WR org delayed things).
Agree with the other posts however that DWP response times can be very long.0 -
benefitbaby wrote: »Your friend could also make a written request for a copy of his file held by the WR organisation, this will enable him to see what is happening and may assist in making a late appeal (if it is shown that the action/inaction by the WR org delayed things).
Agree with the other posts however that DWP response times can be very long.
I know alot about DWP and the time it takes for them to do anything, as i have had problems where i have had to take my case to a tribrunal and won my case, but still get problems when i claim.
He can not appeal as he recieved no letter from DWP why his payments stopped, to appeal against and they will not talk to him- the council tax office notifed him the DWP stopped his benefits even they find this ODD...that he got no letter and no reason.
My friend can not take the stress of DWP and thats why he has a welfare agency involved to help him - i will give it to the end of september and request a copy of the file from welfare rights, and see what there doing if anything? if not i will make a complaint about them as they have to follow rules by the (Solicitors regulation authority.) if they are not doing nothing - at the moment i feel as if there not....0 -
He can not appeal as he recieved no letter from DWP why his payments stopped, to appeal against and they will not talk to him- the council tax office notifed him the DWP stopped his benefits even they find this ODD...that he got no letter and no reason.
Has the DWP been telephoned and asked what decision has been made and the date? It is entirely possible that they have made a decision and sent written notification but this has got lost in the post.
Which WR org was it? If it is a law centre then yes they have to follow the relevant SRA rules however if they are a charity/CAB then they do not and any issue would have to be remedied by the complaints procedure followed by a claim against them.0
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