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Advice needed please re ESA Appeal process
10 years 11 months ago #112985 by del
must just have been a standard letter as my case now been referred to Tribunal Service. I can only take it that new evidence submitted from my medical professionals outlining limitations with activities, etc has been read but not thought to be relevant. To be honest half expected this to happen but it doesn't make it any easier to cope with. l will wait and see what DWP are stating as the reasons for refusal.
Replied by del on topic Advice needed please re ESA Appeal process
Gordon wrote:
del wrote: First decision and reconsideration remained the same. Sent in appeal, received letter saying they are looking at my case again and will advise me of outcome, it might not be necessary to go to appeal but if it is they will send me out documents? Any ideas what this means, never had this before.
First of all it will be a standard letter, so it may not correspond to your specific circumstances.
Whenever an appeal is made that DWP are required to carry out a Reconsideration, as one has already been done on your claim, this may be nothing more than a cursory look at your file, but if you have attached additional information to the GL24, or supplied it separately, then it could be another full Reconsideration.
If the DWP make a Decision that is more in your favour than the original one then they are entitled to lapse (cancel) the appeal, given that you are in the WRAG the only positive Decision they can reach is to place you in the SG. If they do not revise the Decision then your papers will be submitted to the Tribunal Service for a hearing to be held.
I hope this explains it.
Gordon
must just have been a standard letter as my case now been referred to Tribunal Service. I can only take it that new evidence submitted from my medical professionals outlining limitations with activities, etc has been read but not thought to be relevant. To be honest half expected this to happen but it doesn't make it any easier to cope with. l will wait and see what DWP are stating as the reasons for refusal. Please Log in or Create an account to join the conversation.
10 years 9 months ago #115253 by bro58
Hi d,
Merry Xmas !!!
All three parties (you, DWP and TS) in an appeal MUST have access to all of the evidence available.
It may be advisable to contact The TS, and inform them of your thoughts.
If this issue is left until the day of the hearing, it could result in an adjournment.
bro58
Replied by bro58 on topic Advice needed please re ESA Appeal process
del wrote: I now know for definite via sar that DWP do in fact have my paperwork but have not forwarded any of it to appeal tribunal even although I been notified of appeal date. Is this classed as withholding information/evidence and should the tribunal be made aware of this in advance? What an ongoing nightmare this all is! thanks
Hi d,
Merry Xmas !!!
All three parties (you, DWP and TS) in an appeal MUST have access to all of the evidence available.
It may be advisable to contact The TS, and inform them of your thoughts.
If this issue is left until the day of the hearing, it could result in an adjournment.
bro58
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