ESA decisions Important Development

Hi,

I'm no legal expert, but Judge Mesher's ruling as cited by Condor seems to be pertaining to ESA claims linking rules?

Of course, I stand to be corrected.

bro58

Hello, I've just been reading the thread regarding transference from IB to ESA. I have also been placed in the WRAG group based on the ESA50? form and no medical! I joined Benefits and Work and lodged my appeal as soon as I got the information from DWP in writing following a 'friendly' phone call advising me 'not to worry' and 'I wouldn't be called for a medical'!! My appeal form followed Benefits and Work advice to the letter and included a formal request for all documentation under the Data Protection Act that was used to make their decision. I posted my appeal on the 14 June and heard nothing. About 2 weeks later I made a series of phonecalls to try and find out if it had been received. It took me 2 very stressful days to find out that it had been received on 19 June. As of today, I have still heard nothing!! And I know for a fact that my GP has not been contacted! I suffer from Systemic Lupus and fail to see that my illness can be fully understood without a detailed medical. Also, on Channel 4 Dispatches recently some very insightful information regarding ATOS training of GPs when dealing with WCA forms and assessment.

Lulupops53

The DWP carry out a mandatory reconsideration when you appeal, your case is only passed to the Tribunal Service if this recon does not go in your favour. At the moment, reconsiderations are taking upwards of three months, I would not expect you to hear anything else until this has been completed.

It is too early to know whether raymond's situation is going to be relevant to anyone else's claim.

Hello everyone, just to update you on my ESA wrag to Support group appeal, I attended tribunal earlier this week to continue from being adjourned some 6weeks or so ago, the Judge mentioned this was my second appearance but didn't go into detail about why my appeal hearing was adjourned,after the adjournment I wrote to the DWP to inform them what had occured as instructed by the appeal judge but to date I have had no reply from them.
The good news is I won my appeal on the Mobility Descriptor :)I am now in The Support Group. If you live in Devon/Cornwall and need a good representative get in touch with me and I will give you a contact number, his services do involve a fee.
Best wishes to all Condor.

Condor wrote:

Hello everyone, just to update you on my ESA wrag to Support group appeal, I attended tribunal earlier this week to continue from being adjourned some 6weeks or so ago, the Judge mentioned this was my second appearance but didn't go into detail about why my appeal hearing was adjourned,after the adjournment I wrote to the DWP to inform them what had occured as instructed by the appeal judge but to date I have had no reply from them.
The good news is I won my appeal on the Mobility Descriptor :)I am now in The Support Group. If you live in Devon/Cornwall and need a good representative get in touch with me and I will give you a contact number, his services do involve a fee.
Best wishes to all Condor.

Hi C,

Well done on winning your appeal and for being placed into The Support Group. You're the fifth member to be placed in The SG today, as the result of a revision or appeal decision.

I gather that you mean The Mobilising Descriptor, but who cares.

Thanks for letting us all know.

bro58