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ESA Tribunal Success

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11 years 2 months ago #102930 by citymike
Replied by citymike on topic ESA Tribunal Success
Back again,
Forgot to say that I wrote to Tribunal Service about the recommendation and they replied to say they having nothing to add to their recommendation.
I have also written to my MP who has now written to the Minister concerned for clarification.
Thanks CM

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11 years 2 months ago #102931 by slugsta
Replied by slugsta on topic ESA Tribunal Success
I am sure that is not what the Tribnal intended but, as you know, their recommendations regarding reassessment are not binding and the DWP are, as we feared, doing what they like with regard to this :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
11 years 2 months ago - 11 years 2 months ago #102932 by bro58
Replied by bro58 on topic ESA Tribunal Success

citymike wrote: Further to my post in March, I wrote to DWP to confirm when my next assessment would be bearing in mind that the Tribunal recommended on March 1st that I was not retested for 2 years. This is the reply I received.
"With regard to your enquiry concerning the Tribunals recommendation of 2 years, I have checked the guidance on this matter. When an appeal is won, as was your case, the decision maker can decide to accept the Tribunals recommendation for the period of reassessment. It Is not binding. In yuor particular case they accepted the recommendation and as the legislation states they calculated 2 years from the original date of June 2011, when the decision was made to place you in the Work related activity group".
Therefore they have decided to retest me this year and not 2Years from date of hearing which would have been 2015.
Thanks CM


Hi CM,

Therefore, it would seem that the DWP are stating that they are accepting the Tribunal's recommendation of 2 years, but then go on to say that the 2 years is being taken from the date of the original errant WRAG decision that you appealed.

From information gleaned from various other sources, I believed that a Tribunal's recommendations were from the date of their decision. (even though they had no legal standing)

The whole idea of these recommendations was to reduce the number of revolving door appeals.

I don't know how far you wish to push this, but it may well be worth while recontacting your M.P., to see whether they have any further comment.

bro58

Crossed posts with this one :

www.benefitsandwork.co.uk/forum?view=top...7162&start=18#102930
Last edit: 11 years 2 months ago by bro58.

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