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Tribunal decision and DWP
- Habbiner
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6 years 3 months ago #227163 by Habbiner
Tribunal decision and DWP was created by Habbiner
Hi there
My Income support related ESA was stopped in January 2018. I went through reconsideration, appeals, tribunals etc. On 4th December 2018, I had a second tribunal, as a paper hearing. The Tribunal said that the decision made by the secretary of state on 17/01/18 be set aside and that I should be awarded ESA because Regulation 29 of the ESA Regulations 2008 applied.
Since then, I have heard nothing. I have heard nothing further from the Tribunals Service and nothing at all from the DWP. I'm assuming there must be some sort of deadline for DWP to comment on the Tribunal's decision and if so should I not have heard something by now?
Has anybody else experienced this? If the Tribunal's decision is upheld, will I be entitled to receive back dated payments from January last year?
Many thanks for any assistance.
My Income support related ESA was stopped in January 2018. I went through reconsideration, appeals, tribunals etc. On 4th December 2018, I had a second tribunal, as a paper hearing. The Tribunal said that the decision made by the secretary of state on 17/01/18 be set aside and that I should be awarded ESA because Regulation 29 of the ESA Regulations 2008 applied.
Since then, I have heard nothing. I have heard nothing further from the Tribunals Service and nothing at all from the DWP. I'm assuming there must be some sort of deadline for DWP to comment on the Tribunal's decision and if so should I not have heard something by now?
Has anybody else experienced this? If the Tribunal's decision is upheld, will I be entitled to receive back dated payments from January last year?
Many thanks for any assistance.
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- Gordon
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6 years 3 months ago #227166 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal decision and DWP
Habbiner
It usually the DWP 5-8 weeks to process a Tribunal result so I would contact the DWP for an update, although the Decision Notice is sent to a DWP nominated email address they still manage to lose them.
You should receive back payment of the difference between what you should have been paid under the award and what you were actually paid, it is possible if your ESA claim was made after March 2017 and you have received the ESA Assessment rate while you appealed that there is no money due.
Gordon
It usually the DWP 5-8 weeks to process a Tribunal result so I would contact the DWP for an update, although the Decision Notice is sent to a DWP nominated email address they still manage to lose them.
You should receive back payment of the difference between what you should have been paid under the award and what you were actually paid, it is possible if your ESA claim was made after March 2017 and you have received the ESA Assessment rate while you appealed that there is no money due.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Habbiner
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6 years 3 months ago #227168 by Habbiner
Replied by Habbiner on topic Tribunal decision and DWP
Thank you Gordon. Is there a recommended way to contact the DWP?
I have received no money at all since January last year so anything would be better than nothing!
Thanks again.
I have received no money at all since January last year so anything would be better than nothing!
Thanks again.
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6 years 3 months ago #227170 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal decision and DWP
Habbiner
Phoning them is the easiest and most effective.
ESA helpline
Telephone: 0800 169 0310
Textphone: 0800 169 0314
Welsh language: 0800 328 1744
Monday to Friday, 8am to 6pm
Gordon
Phoning them is the easiest and most effective.
ESA helpline
Telephone: 0800 169 0310
Textphone: 0800 169 0314
Welsh language: 0800 328 1744
Monday to Friday, 8am to 6pm
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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