trouble with appeal

i have recently won my appeal for esa. went from 12 points from assessment to 6 points at review, when dm removed 6 continence points because he failed to read atos medical report correctly, to 21 points at appeal, they reinstated those 6 points and gave me 15 points for standing instead of 6 points. great news u may think. alas no because same dm who removed 6 continence points has decided to write for statement of reasons with a view to appeal to upper tribunal. i am thoroughly depressed and don't think i can face any more of this torture. if they decide to appeal can i just start again with new esa claim or do i have to see it through to upper tribunal appeal. why have they decided to do this? i would welcome any comments and wonder if anyone else has had this happen after a successful appeal.

roz wrote:

i have recently won my appeal for esa. went from 12 points from assessment to 6 points at review, when dm removed 6 continence points because he failed to read atos medical report correctly, to 21 points at appeal, they reinstated those 6 points and gave me 15 points for standing instead of 6 points. great news u may think. alas no because same dm who removed 6 continence points has decided to write for statement of reasons with a view to appeal to upper tribunal. i am thoroughly depressed and don't think i can face any more of this torture. if they decide to appeal can i just start again with new esa claim or do i have to see it through to upper tribunal appeal. why have they decided to do this? i would welcome any comments and wonder if anyone else has had this happen after a successful appeal.

Hi,

Sorry to hear of your problems with your claim and appeal.

Unfortunately, just as you have a right to take a case to the upper tribunal if you think there has been an 'error of law or breach of natural justice, so do the DWP.

See this posting for what may count as an error of law:

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=18#72205

With regard to submitting a new claim, one must wait for at least 6 months from the initial decision to put in a new claim unless there has been a marked deterioration or new condition (either of which need to be documented). You haven't said of your own timescales involved so am not sure if the 6 month rule applies?.

However do remember if you abandon your claim (having in effect been found fit for work) and re-claim, if it is contributory ESA you are claiming you may fall outside of the National Insurance rules for claiming contributory ESA. You really need face to face advice to see if you would still qualify as the rules can be complex and it does depend on your own NI record.

Overall it may be worth seeking face to face advice about the whole claim from a welfare rights agency/CAB etc who can go through things in greater depth than we possibly can on the forum and give you precise advice on your own circumstances.

Pete

hi gordon and pete, thanks for your replies. i don't have much idea why they have asked for a statement of reasons or what they r looking for. the dm made a mistake in his submission because it appears that he didn't read the atos report correctly. the woman who did my submission also made a mistake but i pointed that out to the tribunal panel as soon as i went in to the room and gave them the correct facts.