Following my successful ESA tribunal on 18th October where I went from 6 to 15 points in descriptor 2 & the Judge stated that I am entitled to ESA with support component, & recommended that there be no reassessment for at least 24 months. I thought all my worries were over as I have not received any money since February this year, but originally claimed in February 2013.
I have know been advised that the decision maker has requested a Statement of Reason from the Tribunal Service, I have today spoken to ESA & the lady said this rarely happened can you please give some more information on this as I am know concerned that yet again I am going to be back to not getting money.
Just like you, the DWP are entitled to request the SoR from the judge to understand how the panels Decision was made.
Requesting a SoR is the first stage to making an appeal to the Upper Tribunal, however, this does not mean that they will. They can only appeal if they can show that there has been an Error of Law and even if they do a UTT Judge may not agree with them.
I am afraid that payment on your SG award will not be released until the matter is resolved. You will receive a copy of the SoR as well and the DWP will have one month from the date of the accompanying letter to lodge an appeal.
I am afraid there is nothing you can do to prevent or speed this process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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