- Posts: 51143
× Members
Housing Benefit suspended (ESA)
- Gordon
- Offline
Less More
7 years 10 months ago #161313 by Gordon
I'm afraid we can't do this, don't forget you do not have to go into detail on your request for appeal, you can make detailed arguments once you have received the DWP submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Grounds for appeal criteria
Peter Parker wrote: Is it ok to write here what I have written as a draft for my Grounds for Appeal section for ESA tribunal appeal form so I can be advised if it would meet the criteria?
I'm afraid we can't do this, don't forget you do not have to go into detail on your request for appeal, you can make detailed arguments once you have received the DWP submission.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Peter Parker
- Topic Author
- Offline
Less More
- Posts: 64
7 years 7 months ago #168570 by Peter Parker
Replied by Peter Parker on topic ESA Tribunal
I received a letter from Tribunal service today which says my appeal is allowed and decision made by Secretary of State is set aside and that I meet criteria for Support Group rather than the Work Related Activity Group. The letter says that SoS (Secretary of State) has a month to appeal the Tribunal decsion. How likely are they to do this and may they win if they decide to do this?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51143
7 years 7 months ago #168619 by Gordon
Congratulations on the result.
There are no statistics that cover this, all I can say is that it does not happen very often but it does happen.
It normally takes the DWP 5-8 weeks to process a Tribunal result, it worth your checking with the DWP that they have received the Decision Notice, they regularly lose them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal
Peter Parker wrote: I received a letter from Tribunal service today which says my appeal is allowed and decision made by Secretary of State is set aside and that I meet criteria for Support Group rather than the Work Related Activity Group. The letter says that SoS (Secretary of State) has a month to appeal the Tribunal decsion. How likely are they to do this and may they win if they decide to do this?
Congratulations on the result.
There are no statistics that cover this, all I can say is that it does not happen very often but it does happen.
It normally takes the DWP 5-8 weeks to process a Tribunal result, it worth your checking with the DWP that they have received the Decision Notice, they regularly lose them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Peter Parker
- Topic Author
- Offline
Less More
- Posts: 64
7 years 7 months ago #168700 by Peter Parker
Replied by Peter Parker on topic ESA Tribunal
Thank you Gordon, I'll check with DWP as you said
Please Log in or Create an account to join the conversation.
- Peter Parker
- Topic Author
- Offline
Less More
- Posts: 64
7 years 7 months ago #168872 by Peter Parker
Replied by Peter Parker on topic ESA Tribunal
Today I received a letter saying I must attend the Job Centre in January. I thought now the tribunal agreed with my appeal to be put back into the Support Group meant I didn't have to? I had a telephone appointment last Friday while still on WRAG so hoping that it was just sent automatically as I only received my tribunal decision on Saturday. No one is picking up at DWP so not sure what to think.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51143
7 years 7 months ago #168873 by Gordon
Technically you are not in the SG until the DWP action the Tribunal Decision, so it may be several weeks before this shows on their computer systems, this would include the call centre, so there is probably no point your ringing the DWP at the moment.
If you haven't heard anything by week 5 then you should chase.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribunal
Peter Parker wrote: Today I received a letter saying I must attend the Job Centre in January. I thought now the tribunal agreed with my appeal to be put back into the Support Group meant I didn't have to? I had a telephone appointment last Friday while still on WRAG so hoping that it was just sent automatically as I only received my tribunal decision on Saturday. No one is picking up at DWP so not sure what to think.
Technically you are not in the SG until the DWP action the Tribunal Decision, so it may be several weeks before this shows on their computer systems, this would include the call centre, so there is probably no point your ringing the DWP at the moment.
If you haven't heard anything by week 5 then you should chase.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris