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ESA Appeal Success - DWP Misleading Letter?
- John
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12 years 10 months ago - 12 years 10 months ago #82399 by John
ESA Appeal Success - DWP Misleading Letter? was created by John
I received a letter from the DWP telling me that my appeal against not being granted ESA had been heard by an independant tribunal and I have been placed in the WRAG (I will be appealing against this as well). However, I asked for an oral hearing with the tribunal and have never received any notification or paperworked related to a tribunal hearing. Has anyone else come across this before?
I wonder if the DWP have simply changed their decision (based upon the evidence I submitted (I'm not surprised) and want me to think that the decision to place me in WRAG came from a tribunal when it is the DWP.
I wonder if the DWP have simply changed their decision (based upon the evidence I submitted (I'm not surprised) and want me to think that the decision to place me in WRAG came from a tribunal when it is the DWP.
Last edit: 12 years 10 months ago by Gordon.
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- Gordon
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12 years 10 months ago #82402 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA Appeal Success - DWP Misleading Letter?
John
Are you sure that this Decision was the result of a Tribunal hearing and not a DWP Reconsideration, as I would expected notification to have come from the Tribunal Service and not the DWP?
When did you submit your appeal, if it was in the last three months or less, then this sounds, as you suspect, a revision of the Decision by the DWP. Tribunals are taking about 9-10 months to be held from the initial request being lodged.
If this is a tribunal Decision, then you can only appeal it on the basis that there has been an error of law during the proceedings (not being notified of an Oral hearing would count), not because you disagree with the Decision.
If this is the result of a DWP Reconsideration then you can appeal it in the normal way.
Gordon
Are you sure that this Decision was the result of a Tribunal hearing and not a DWP Reconsideration, as I would expected notification to have come from the Tribunal Service and not the DWP?
When did you submit your appeal, if it was in the last three months or less, then this sounds, as you suspect, a revision of the Decision by the DWP. Tribunals are taking about 9-10 months to be held from the initial request being lodged.
If this is a tribunal Decision, then you can only appeal it on the basis that there has been an error of law during the proceedings (not being notified of an Oral hearing would count), not because you disagree with the Decision.
If this is the result of a DWP Reconsideration then you can appeal it in the normal way.
Gordon
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- cdcdi1911
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12 years 10 months ago - 12 years 10 months ago #82404 by cdcdi1911
Replied by cdcdi1911 on topic Re:ESA Appeal Success - DWP Misleading Letter?
Hi John
I'm afraid the DWP are not very good at wording their computer generated letters.
I received a similar letter following a successful reconsideration. I phoned to clarify the situation and the person I spoke to didn't seem to think it mattered whether it was the DWP or a tribunal making the decision.
It really is a serious matter as these letters can strike fear into claimants. See the thread below.
www.benefitsandwork.co.uk/forum?func=vie...61009&catid=10#61009
Good luck with your appeal.
Derek
I'm afraid the DWP are not very good at wording their computer generated letters.
I received a similar letter following a successful reconsideration. I phoned to clarify the situation and the person I spoke to didn't seem to think it mattered whether it was the DWP or a tribunal making the decision.
It really is a serious matter as these letters can strike fear into claimants. See the thread below.
www.benefitsandwork.co.uk/forum?func=vie...61009&catid=10#61009
Good luck with your appeal.
Derek
Last edit: 12 years 10 months ago by cdcdi1911. Reason: grammar
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- Bob Roberts
12 years 10 months ago - 12 years 10 months ago #82412 by Bob Roberts
Replied by Bob Roberts on topic Re:ESA Appeal Success - DWP Misleading Letter?
A strange affair indeed. You should seek a copy of the decision from the Tribunal to establish whether they did actually make a decision.
If you sought an oral hearing you should have been granted one. You would have been notified in writing if an oral hearing had been refused together with the reasons for the refusal.
Check with the Tribunal as to what has transpired, write to the Regional Judge directly.
If you sought an oral hearing you should have been granted one. You would have been notified in writing if an oral hearing had been refused together with the reasons for the refusal.
Check with the Tribunal as to what has transpired, write to the Regional Judge directly.
Last edit: 12 years 10 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo & Regional Chairs are now Regional Judges.
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