Terms & Conditions

[markp]

Another query –

I have a letter in which the claimant appears to be asking for a further reconsideration of a decision which has already been reconsidered once. Can he do this? The only time he uses the word appeal is in a sentence “I appeal to you to read the letter that has been sent stating the reasons why my claim was held up”. This is hardly a statement that he wishes to appeal the decision.

Should I (a) write back and ask if he intended the letter as an appeal or (b) write and advise that the decision has been reconsidered once and if he wishes to take it further he needs to appeal against the decision?

Any offers gratefully received.

Do I know what I'm doing? The jury's out on that........................

[ralph]

Mark

Unless he’s given you any new info to consider – and you’re happy you’ve made the right decision – I’d go for (b) every time.

[iceman]

20(1) An appeal or an application for an extension of time must:

• be in writing on a form approved by the LA
• be signed by the person who has the right of appeal
• be delivered to the relevant authority
[b:30d2dba7d8]• contains details on the grounds on which it is made
• contain sufficient details of the decision to allow it to be identified[/b:30d2dba7d8]
[b:30d2dba7d8]
20 (5) such a letter does not include sufficient information to allow an appeal to proceed, the LA may request further information in writing [/b:30d2dba7d8]

I would do either of your choices. He/ She is not have likely to have written unless they really want an appeal.
You probably need more info in order to look at sending it for appeal anyway.

[markp]

Thanks both for replies.

I’m going with (a) as I’m covered (I think) if he doesn’t reply and I just end the process there, should he come back at a later stage and request an appeal be considered.

Do I know what I'm doing? The jury's out on that........................

[Author]

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