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Appealing to tribunal for WRAG to Support Group.
- jpg2502
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6 years 2 months ago #225612 by jpg2502
I received the forms from the DWP which is their case to the tribunal, what is the next step after this? Do I need to contact the tribunal service to find out an estimated date for a hearing? Or do they send another letter to me first stating they have received the DWPs case?
Replied by jpg2502 on topic Appealing to tribunal for WRAG to Support Group.
Gordon wrote: Jay
The Tribunal Service will acknowledge your request and send a copy to the DWP for them to prepare and send their submission, you will receive a copy of this.
ESA and PIP appeals are dealt with separately, once your appeal is accepted you can contact the TS and they should be able to give you an idea of current waiting times.
I'm afraid it is possible for the DWP to reassess you while you wait for your hearing.
Gordon
I received the forms from the DWP which is their case to the tribunal, what is the next step after this? Do I need to contact the tribunal service to find out an estimated date for a hearing? Or do they send another letter to me first stating they have received the DWPs case?
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6 years 2 months ago #225639 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing to tribunal for WRAG to Support Group.
Jay
Contact the Tribunal Service for current wait times at your venue.
You now have a chance to present your case again, taking into account any additional information that there is in the DWP bundle.
There are example submissions in the MR & Appeal submissions PDF in the PIP area.
Gordon
Contact the Tribunal Service for current wait times at your venue.
You now have a chance to present your case again, taking into account any additional information that there is in the DWP bundle.
There are example submissions in the MR & Appeal submissions PDF in the PIP area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 2 months ago #226455 by jpg2502
Replied by jpg2502 on topic Appealing to tribunal for WRAG to Support Group.
Having contacted the tribunal service, looks like I am likely to be waiting till Autumn for the appeal to be heard! This means its likely I will be called for another ESA assessment in that time as looking at the report sent my the assessor it seems I will be assessed 12 months after the last one.
SO what happens in the case that I have another assessment and end up in the support group, how does that affect the appeal? Will I still be appealing but for backpay for the previous decision? What if I end up losing my award altogether after the next assessment or WRAG again - would that mean setting up a whole separate appeal even though the previous one had still not been heard?! I am awfully confused.
SO what happens in the case that I have another assessment and end up in the support group, how does that affect the appeal? Will I still be appealing but for backpay for the previous decision? What if I end up losing my award altogether after the next assessment or WRAG again - would that mean setting up a whole separate appeal even though the previous one had still not been heard?! I am awfully confused.
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6 years 2 months ago #226467 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appealing to tribunal for WRAG to Support Group.
Jay
Your appeal will re-make the Decision that you appealed and applies from that date, as a result, any Decision from a new assessment will be a later Decision and will supersede the Tribunal one from the date that is made. It will not be considered as part of your appeal but does create a new right of appeal.
So some examples,, if your appeal results in a WRAG award and a new assessment places you in the SG. You will be paid the appropriate WRAG rate from the date of the Decision appealed to the date of the new Decision and the SG rate thereafter. If the appeal results in an SG award but you are found Fit for Work on reassessment then the SG rate will be paid until the date of the new Decision and you will have to request an MR and appeal of the new Decision,
Gordon
Your appeal will re-make the Decision that you appealed and applies from that date, as a result, any Decision from a new assessment will be a later Decision and will supersede the Tribunal one from the date that is made. It will not be considered as part of your appeal but does create a new right of appeal.
So some examples,, if your appeal results in a WRAG award and a new assessment places you in the SG. You will be paid the appropriate WRAG rate from the date of the Decision appealed to the date of the new Decision and the SG rate thereafter. If the appeal results in an SG award but you are found Fit for Work on reassessment then the SG rate will be paid until the date of the new Decision and you will have to request an MR and appeal of the new Decision,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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