Appeals Officer revises decision before tribunal

My ESA reassessment appeal tribunal is listed for the 20th March 2012.

I'm very confused now because I received a letter from them today explaining that the Appeals Officer has revised the decision on my case and the new decision is a more favourable one.

It also states the appeal has now lapsed and they intend to take no further action.
Added to which they say if I think this new decision is wrong I must lodge a fresh appeal.

I've had no contact from the DWP about this development.

Is this normal decision making process before attending an appeal hearing before the tribunal?

Ngup67

Hi,

It means that the decision on your ESA has been looked at again by a DWP Decision Maker and revised in your favour without having to attend an appeal.

You should have received a letter from a DWP Decision Maker advising you of the change in decision.

Hope this helps, if not, just post again and perhaps a moderator with more experience of ESA can assist you as my area of specialism is DLA/AA and appeals for these benefits.

Good luck.

Jim

Apologies for not thanking you before now about this query.

I received the letter on 8th March explaining that the Appeals Officer has revised the decision on my case and the new decision is a more favourable one.

My CAB adviser assures me this means I've won my appeal which would have been today. He also warned me that it could take 3 to 4 weeks before the DWP confirm this by letter.

As I didn't need to attend my appeal hearing and be told of the outcome by the panel,is it now current policy to leave claimants in the dark for so long before writing to them.I have no wish to phone them and get all anxious and confused about this complicated benefit.

Also does this mean the decision maker now determines if I should be allocated to the WRAG group or Support Group and what backpay I am owed.

Sorry if it's all of a ramble but if you could possibly clarify my query I'd be very grateful.


Ngup67

When you refer to the Appeals Officer, can you clarify if the letter of 8 March was received from the Tribunals Service or the DWP?

If the letter was received from the TS, their involvement in the matter would be terminated and it would be the DWP's responsibility to inform you of the revised decision as soon as is practicable. Unfortunately, there is no definitive interpretation attached to the word "practicable", but it would be advisable to contact the DWP to expedite the issue of a formal decision letter.

If as it seems the DWP changed their original decision prior to the appeal hearing, as this is a reconsideration you should have been notified immediately of the revised decision. Again, you will need to contact the DWP to obtain the official decision letter.

CD/Gordon

The letter was from the Tribunal/Appeal office dated the 5th March 2012 and I received it on the 8th March 12 days before the listed appeal date. No letter from the DWP whatsoever.

What details should my written request to the DWP ask for in the formal decision letter. Are they required to provide me with reasons for the revised decision in the form of a report alongside any other ESA formal papers.

Ngup67