- Posts: 2522
- Forum
- Members forums
- ESA, PIP, UC and DLA Queries and Results
- Won ESA Appeal but DWP saying Appeal Disallowed
 			× 			Members		
 	 	Won ESA Appeal but DWP saying Appeal Disallowed
- cdcdi1911
- Offline
 		Less 		More 		 			 	
 		 			 	 						15 years 1 day ago				#32960 		by cdcdi1911 	  	 		 			 	    			 			 		 													
 	 				Replied by cdcdi1911 on topic Re:Won ESA Appeal but DWP saying Appeal Disallowed			
  			 				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?
  					You said that the corrected decision notice was exactly the same as the first. Did it have a different date on it?
Please Log in or Create an account to join the conversation.
- Peter Davies
- Topic Author
 			 	 						15 years 1 day 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!			
  					Please Log in or Create an account to join the conversation.
- Jim Allison
- Offline
 		Less 		More 		 			 	
 		- Posts: 2076
 			 	 						15 years 1 day ago				#32963 		by Jim Allison 	  	 		 			 					
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 					 	    			 			 		 													
 	 				Replied by Jim Allison 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
  							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
Please Log in or Create an account to join the conversation.
- Crazydiamond
- Offline
 		Less 		More 		 			 	
 		- Posts: 2022
 			 	 						15 years 1 day ago		 -  15 years 1 day ago		#32994 		by Crazydiamond 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	   	 			 		 													
 	 				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.
  							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: 15 years 1 day ago  by Crazydiamond.		Reason: Additional info.	
  			Please Log in or Create an account to join the conversation.
- Peter Davies
- Topic Author
 			 	 						15 years 1 day 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.
  					Unfortunately, it seems to be impossible to contact the DWP BDC other than going via their 0845 callcentre number.
Please Log in or Create an account to join the conversation.
- Crazydiamond
- Offline
 		Less 		More 		 			 	
 		- Posts: 2022
 			 	 						15 years 1 day ago				#33013 		by Crazydiamond 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				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.			
  							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, latetrain, BIS, Catherine, Chris, David, Keely	
  
              
             