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Successful appeal but DWP want 2nd tier appeal?

  • hilltops
  • Topic Author
9 years 1 month ago - 9 years 1 month ago #130447 by hilltops
Hi,

I suffer from M.E and scoliosis among other conditions and have been claiming ESA.

In August last year I had a WCA and scored only 6 points on Mobility. I requested a mandatory reconsideration and there was no change.

I had an appeal earlier this month and was successful and was given 15 points for Mobility.

However today I have just received a letter from the DWP saying that they are requesting more information from the tribunal about how they came up with their decision, and if they do no agree with the information they will ask to take it to a upper tier tribunal.

Can anyone please give me some advice on where it might go from here? Also if it goes to an upper tier tribunal will I be able to represent myself?

I really thought the appeal being successful would be the end so I'm very surprised by this. I'm in no way well enough to work and I'm not sure what happens now.

Thanks for any advice.
Last edit: 9 years 1 month ago by slugsta.

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9 years 1 month ago #130450 by slugsta
Like the claimant, the DWP have a right to take this to the Upper Tribunal but only on the grounds that there was an Error of Law, not just because they don't like the decision. Requesting a Statement of Reasons from the Tribunal Service is the first step in this process. It will also be the last step if DWP cannot find any possible EoL!

Tribunals - Requesting a Statement of Reasons

What is an Error of Law

You will also be sent a statement of Reasons, so you don't need to do anything for now. If DWP do decide to tale this further we would strongly advise that you get proper legal advice. Legal aid is still available for this.

I'm afraid that you are going to have an anxious wait, especially as it can take the TS some time to send off the SoR :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: hilltops

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  • hilltops
  • Topic Author
9 years 1 month ago - 9 years 3 weeks ago #130491 by hilltops
Thank you for the advice.

I had a 6 month sick note from my GP but it is now about to run out. Do you know if I will need to get a new sick note while this is going on?

Thanks again
Last edit: 9 years 3 weeks ago by bro58.

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  • bro58
9 years 3 weeks ago #130511 by bro58

hilltops wrote: Thank you for the advice.

I had a 6 month sick note from my GP but it is now about to run out. Do you know if I will need to get a new sick note while this is going on?

Thanks again


Hi ht,

Yes, until this is resolved, and you have been told that you no longer have to send in fit notes, I would continue to do so.

Sending Documents to the DWP or ATOS

Remember to keep copies of the fit note.

bro58

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