Quote:
Originally Posted by pip08456
If the DWP has changed its mind and made the award there is nothing to appeal and the tribunal would be cancelled. Obviously an error has occured somewhere.
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As I said, once it has reached the independent appeal stage, it is the claimant that has to initiate any appeal. In that sense the claimant is in control. If you think of the more general situation with appellant and respondent, the respondent shouldn't be able to cancel anything without the explicit agreement of the appellant.
I had a similar situation where I had to query what would happen if the DWP conceded, as a different Tribunal had made a favourable decision just a few months before. The first-tier tribunal office didn't know the answer. In the end, on the day of the hearing the DWP sent a representative to concede, and the Tribunal had separately also agreed in my favour before the hearing started. The Decision Notice was on the table when I entered the room.
At the very least send in a copy of the DWP decision as evidence, and change to the tribunal being based on the papers rather than having to attend any hearing.