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ESA Tribunal Success

  • bro58
11 years 4 months ago - 11 years 4 months ago #100193 by bro58
Replied by bro58 on topic ESA Tribunal Success

citymike wrote: Hi
Further to my success on Friday, I received confirmation on Sat am from tribunal.
They have reccommende the DWP do not reassess me for 24 months.
Now I know this may mean nothing to the DWP, but if they did listen when would the 24 months take effect from. Would it be from the original decision date(June 2011), or from the date of the tribunal ruling(March 2013).
I ask this as since the original decision in 2011, I was reassessed in Oct 2012,with a prognosis of 12 months, meaning a retest this Oct.
So will the next test be June 2013, Oct 2013, or March 2015.
I realise this question is in theory only, as the DWP may decide something else altogether in practice.
Thanks CM


Hi cm,

As you rightly state The Tribunal's Recommendation is just that, and has no standing in law.

If the DWP were to take heed of this that would give you 2 years from the date of The Tribunal decision, (reassessment March 2015, receive new ESA50, etc , circa Jan 2015)

If the DWP, stay with the original prognosis, then that would mean an expected reassessment date of Oct 2013, you would therefore receive the new ESA50, etc, circa July/August 2013.

bro58
Last edit: 11 years 4 months ago by bro58.

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11 years 4 months ago #100626 by citymike
Replied by citymike on topic ESA Tribunal Success
Hi Just a final update.
As I have already said I won my tribunal on 1st March, today the 11th March my money owed to me was paid into my Bank. I have to say it was a lot quicker than I thought it would be.
Thanks CM

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11 years 4 months ago #100668 by slugsta
Replied by slugsta on topic ESA Tribunal Success
It is nice to hear of DWP doing something sooner than expected! :)

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

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11 years 4 months ago #100669 by Gordon
Replied by Gordon on topic ESA Tribunal Success

citymike wrote: Hi Just a final update.
As I have already said I won my tribunal on 1st March, today the 11th March my money owed to me was paid into my Bank. I have to say it was a lot quicker than I thought it would be.
Thanks CM


That is quick, it used to be 5-6 weeks without any of the delays currently in the system.

Gordon

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11 years 4 months ago - 11 years 4 months ago #100735 by citymike
Replied by citymike on topic ESA Tribunal Success
Hi
I had a shock this morning when in the post I received an ESA50 to be retested.
As you will have read from my previous messages I was supposed to be retested in Oct 13, but following tribunal win it was reccommended I was not called again for 2 years.
When I rang Atos this morning they said my file had been sent to them by the DWP so I would have to call them.
When I spoke to the DWP they said their original notes said I was to be sent a form in March 13, but since the tribunal this has been changed to Oct 13, and that nobody has told Atos of the change.
I told them that when I was put in the support group in Oct12 the prognosis on the ESA85A was for 12 months, and the ESA72 stated my claim would be looked at on or after 10/10/2013, so where has March come from, also have they not taken the tribunal reccommendation of 2 years into account.They said that as the tribunal case was related to the decision in June 2011 they have decided that a retest in Oct 13 is appropiate.
I was also told to ignore the form I received today, and my records have been updated.
To cover myself I have returned the form uncompleted with a letter giving the name of the person at the DWP to Atos.
Any thoughts
Thanks CM
Last edit: 11 years 4 months ago by bro58.

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  • bro58
11 years 4 months ago #100736 by bro58
Replied by bro58 on topic ESA Tribunal Success

citymike wrote: Hi
I had a shock this morning when in the post I received an ESA50 to be retested.
As you will have read from my previous messages I was supposed to be retested in Oct 13, but following tribunal win it was reccommended I was not called again for 2 years.
When I rang Atos this morning they said my file had been sent to them by the DWP so I would have to call them.
When I spoke to the DWP they said their original notes said I was to be sent a form in March 13, but since the tribunal this has been changed to Oct 13, and that nobody has told Atos of the change.
I told them that when I was put in the support group in Oct12 the prognosis on the ESA85A was for 12 months, and the ESA72 stated my claim would be looked at on or after 10/10/2013, so where has March come from, also have they not taken the tribunal reccommendation of 2 years into account.They said that as the tribunal case was related to the decision in June 2011 they have decided that a retest in Oct 13 is appropiate.
I was also told to ignore the form I received today, and my records have been updated.
To cover myself I have returned the form uncompleted with a letter giving the name of the person at the DWP to Atos.
Any thoughts
Thanks CM


Hi cm,

What an unpleasant shock this must have been for you.

We had a member posting a similar experience last night :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97300#100695

If the DWP were abiding by The Tribunal's recommendations, it should have been 2 years from the date of the Tribunal's decision, and not the original adverse decision.

As you know, the DWP do not have to comply with the Tribunal's recommendations.

These Tribunal recommendations, were brought in to stop revolving door appeals, and to save tax payers money. If you have no joy, you may wish to raise this issue with your M.P. :

Contacting your MP

Please keep us updated.

bro58

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