Won ESA Appeal but DWP saying Appeal Disallowed

I had my ESA Appeal on 17th September, thanks to help from the site, which I won on the Exceptional Circumstances rules (Section 29(2)(b)). I had previously been given 0 points by Atos, despite severe depression which has now been diagnosed as bipolar.

Due to an error on the Decision Notice, the DWP sent the decision back to the Tribunals Service for clarification/correction; this came back to them this week but was exactly the same as the original Decision Notice, complete with the error.

The Notice Reads:
________________________________________

The Appeal is Allowed/Allowed in part/disallowed.

The decision of the Secretary of State issued on 07/08/09 is set aside/confirmed

The Appeal is allowed under Regulation 29(2)(b) of the Employment and Support Allowance Regulations 2008. The Tribunal's decision is based on Further evidence produced by Mr X at the hearing (pages 61-85).
________________________________________

Now the DWP are saying that my Appeal has been disallowed! They obviously can't read beyond the first line!

I have now got three escalation requests outstanding as phone calls to the Appeals Section at Luton aren't being returned. The Tribunals Service ASC in Birmingham can't get through to them either!

This is totally doing my head in! I have already got my MP involved, but really don't know what to do next. I am seriously considering either going to the papers or taking Court action against the DWP and Tribunals Service.

Hi Peter,

Sorry to hear of your dilemma. I note you're considering taking Court action against the DWP and the Tribunals Service.

From the decision notice you've posted, as far as I can see, there is no error, so the Tribunals Service are not at fault, since the Tribunal found in your favour, and gave valid reasons for their decision. The DWP are clearly at fault, but Court action is extremely expensive unless you qualify for Legal Aid.

My advice would be to telephone the DWP DLA Unit in Blackpool on 08457 123456 and ask to speak to the Decision Maker dealing with your claim.

You can also make a formal complaint about your case. See
Making a complaint about the Disability and Carers Service

I'd also contact Community Legal Advice to see if they can assist you.

By all means, use the press, local radio and TV, if you can get them interested.

Best of luck.

Jim

Hi Peter

You could apply in writing to the First-Tier Tribunal for a Correction. This is where there has been 'slip of the pen' errors in the decision notice. You could also try to contact the DWP in writing or over the phone.

Of course this shouldn't be neccessary as any idiot can see from the decision notice that the appeal has been allowed. Hopefully your MP might be of some assistance.

Best of luck

Derek

Hi Jim

The decision notice contradicts itself as the first line states that the appeal is disallowed, though obviously this is a clerical error.

Derek

Jim - thanks for that, its ESA not DLA. As I said, I have now got 3 outstanding callback requests on escalation. Nobody is phoning me back!

Peter

Hi Derek, the DWP asked for a Correction, they are maintaining that the decision notice does state that the appeal was allowed and why.

Peter