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Won ESA Appeal but DWP saying Appeal Disallowed

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13 years 4 months ago #32960 by Derek4
It does appear that the Correction needs to be corrected (when you said allowed in your last post, I assume you meant disallowed, as in your earlier post).

You said that the corrected decision notice was exactly the same as the first. Did it have a different date on it?

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  • Peter Davies
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13 years 4 months ago #32962 by Peter Davies
Replied by Peter Davies on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed
Sorry, previous post wasn't clear - it is the Tribunals Service who are saying that the decision notice clearly says that the appeal was allowed. It had the same date on it as the original, so my guess is that they either didn't correct it or sent the wrong one off!

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 4 months ago #32963 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed
Hi Peter,

Sorry about that, I was dealing with DLA cases papers at the time, so missed it
was ESA.

Still, that doesn't solve your problem which I misread as allowed, not disallowed. If you attended the appeal, you should know the outcome, so if it's probably just a clerical error as Derek suggests, then the Clerk to the Tribunal should be able to correct this. They are based at the Tribunals Regional Office which dealt with your appeal.

The link for complaining about benefits dealt with by Job Centre Plus is
Tell Jobcentre Plus what you think How appropriate !!!!!

Sorry about the misunderstanding, it's due to brain fog as we've been so busy since the cuts were announced. Just off to have a few hours rest.

Let us know how you get on.

Kind regards.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 4 months ago - 13 years 4 months ago #32994 by Crazydiamond
Replied by Crazydiamond on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed
This is quite clearly an error with both the tribunal judge for completing the decision notice incorrectly, and the DWP for being so stupid for not exercising any commonsense whatsoever in their interpretation of the decision notice.

Once the error on the decision notice had been pointed out to the DWP, if they had a continued reason to dispute the contents, it was incumbent upon them to seek clarification from the Tribunals Service. It is simply not acceptable for them to seek to place their own negative and incorrect interpretation on reading the decision notice.

As well as contacting the TS for a correction, contact the customer service manager at the JCP/BD office and ask him/her to intervene in the dispute. You could also consider making a claim for financial redress for maladministration, both for inconvenience and for so long as you are deprived of your correct entitlement. Details are available HERE.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 4 months ago by Crazydiamond. Reason: Additional info.

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  • Peter Davies
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13 years 4 months ago #32995 by Peter Davies
Replied by Peter Davies on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed
Thanks Crazydiamond.

Unfortunately, it seems to be impossible to contact the DWP BDC other than going via their 0845 callcentre number.

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13 years 4 months ago #33013 by Crazydiamond
Replied by Crazydiamond on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed
You can write directly to the relevant office which deals with your ESA claim. Indeed, it is always better to write than to 'phone the DWP, as you have a written record of what has been discussed.

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