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Tribunal cancelled by DWP, not claimant.
- Alec
- Topic Author
13 years 4 months ago #84176 by Alec
Tribunal cancelled by DWP, not claimant. was created by Alec
"my Esa is being stopped in a month.
365 days. They told me I'd have a tribunal, but they've changed their minds,
(WRB) proposals take effect on the 30th April"
Message from a friend. This can't be right, can it? Surely the appeal can only be abandoned by my friend.
365 days. They told me I'd have a tribunal, but they've changed their minds,
(WRB) proposals take effect on the 30th April"
Message from a friend. This can't be right, can it? Surely the appeal can only be abandoned by my friend.
- bro58
13 years 4 months ago #84191 by bro58
Replied by bro58 on topic Re:Tribunal cancelled by DWP, not claimant.
Alec wrote:
Hi A,
I don't fully understand your query.
What decision was actually being appealled?
bro58
"my Esa is being stopped in a month.
365 days. They told me I'd have a tribunal, but they've changed their minds,
(WRB) proposals take effect on the 30th April"
Message from a friend. This can't be right, can it? Surely the appeal can only be abandoned by my friend.
Hi A,
I don't fully understand your query.
What decision was actually being appealled?
bro58
- Alec
- Topic Author
13 years 4 months ago #84195 by Alec
Replied by Alec on topic Re:Tribunal cancelled by DWP, not claimant.
My friend was declared fit for work by Atos. He didn't agree with the decision so started his appeal.
- Gordon
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13 years 4 months ago #84196 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Tribunal cancelled by DWP, not claimant.
Alec wrote:
If they are trying to appeal the Decision to Time Limit their ESA(CB), then this is not an appealable Decision.
If they were appealing another Decision, then the DWP do not have the right to cancel their appeal, unless they make a more favourable Decision in the claimants favour.
Gordon
What was your friend appealing?"my Esa is being stopped in a month.
365 days. They told me I'd have a tribunal, but they've changed their minds,
(WRB) proposals take effect on the 30th April"
Message from a friend. This can't be right, can it? Surely the appeal can only be abandoned by my friend.
If they are trying to appeal the Decision to Time Limit their ESA(CB), then this is not an appealable Decision.
If they were appealing another Decision, then the DWP do not have the right to cancel their appeal, unless they make a more favourable Decision in the claimants favour.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Alec
- Topic Author
13 years 4 months ago #84203 by Alec
Replied by Alec on topic Re:Tribunal cancelled by DWP, not claimant.
Thanks. What he says doesn't seem right. Have messaged him for more details.
- Gordon
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- Posts: 51284
13 years 4 months ago #84205 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Tribunal cancelled by DWP, not claimant.
Alec wrote:
Their ESA being Time Limited, does not mean that there appeal has been cancelled.
They should still have a hearing, and if they are put in the Support Group, their ESA will be re-instated and they will receive back payments.
If they are placed in the WRAG, then their payments will not be re-instated, but they will be eligible to receive NI Credits towards their State Pension.
If the Tribunal does not find for them at all, then their ESA will remain terminated.
Gordon
Have the DWP actually stated that your friends appeal has been cancelled, or have they just said that their ESA will cease from the end of April?My friend was declared fit for work by Atos. He didn't agree with the decision so started his appeal.
Their ESA being Time Limited, does not mean that there appeal has been cancelled.
They should still have a hearing, and if they are put in the Support Group, their ESA will be re-instated and they will receive back payments.
If they are placed in the WRAG, then their payments will not be re-instated, but they will be eligible to receive NI Credits towards their State Pension.
If the Tribunal does not find for them at all, then their ESA will remain terminated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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