Tribunal cancelled by DWP, not claimant.

Alec wrote:

"my Esa is being stopped in a month.
365 days. They told me I'd have a tribunal, but they've changed their minds,
(WRB) proposals take effect on the 30th April"
Message from a friend. This can't be right, can it? Surely the appeal can only be abandoned by my friend.

What was your friend appealing?

If they are trying to appeal the Decision to Time Limit their ESA(CB), then this is not an appealable Decision.

If they were appealing another Decision, then the DWP do not have the right to cancel their appeal, unless they make a more favourable Decision in the claimants favour.

Gordon

Alec wrote:

My friend was declared fit for work by Atos. He didn't agree with the decision so started his appeal.

Have the DWP actually stated that your friends appeal has been cancelled, or have they just said that their ESA will cease from the end of April?

Their ESA being Time Limited, does not mean that there appeal has been cancelled.

They should still have a hearing, and if they are put in the Support Group, their ESA will be re-instated and they will receive back payments.

If they are placed in the WRAG, then their payments will not be re-instated, but they will be eligible to receive NI Credits towards their State Pension.

If the Tribunal does not find for them at all, then their ESA will remain terminated.

Gordon