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Face To Face Medical Without Form ESA50

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8 years 1 month ago - 8 years 1 month ago #152997 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
You didn't answer my question Bro58 - it's not a question of me being ENTITLED to that money, it's whether or not DWP will actually pay up automatically without a fight.

Do they not have any of their hidden 'Rules & Regulations' they can use to delay payment or even appeal against the Tribunals verdict ?

I should be relieved that 4 months of torture is over, but until that money is my account, I still can't rest easy !
Last edit: 8 years 1 month ago by .

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8 years 1 month ago - 8 years 1 month ago #153008 by

Bakerman wrote: You didn't answer my question Bro58 - it's not a question of me being ENTITLED to that money, it's whether or not DWP will actually pay up automatically without a fight.

Do they not have any of their hidden 'Rules & Regulations' they can use to delay payment or even appeal against the Tribunals verdict ?

I should be relieved that 4 months of torture is over, but until that money is my account, I still can't rest easy !


Hi Bm,

The reason why DWP can take 4-8 weeks to act upon a Tribunal Decision is that just like you (The Appellant) they have 4 weeks from the date of The Decision Notice to consider requesting leave to appeal the Tribunal's decision to The Upper Tier Tribunal.

They cannot do this simply because they don't agree with the decision, they must be able to show that The Tribunal have "erred in law" in coming to their decision.

If they were considering this option, their first step would be to request a written Statement of Reasons (S of R) for the decision from The Tribunal.

You would be made aware of this as you would also receive copy of the S of R and all correspondence between DWP and The Tribunal.

DWP only appeal FTT decisions to The UTT in a small majority of cases.

This is why we tell members who are happy with their Tribunal decision not to request an S of R, as DWP would then receive a copy and may start looking at the decision more in depth than they would have.

I would give it 4-5 weeks then if you have heard nothing, contact DWP and maybe send them a copy of the Decision Notice to give them a nudge.

bro58
Last edit: 8 years 1 month ago by .

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8 years 1 month ago #153136 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Thank you Bro58, I rather thought that may be the case.

I do have my local MP onside on this issue - she has requested a copy of the Decision Notice and has vowed to help me if DWP decide to 'drag their heels' over payment.

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8 years 2 weeks ago #156440 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Well, it's now been SIX WEEKS since I won my appeal and there has been absolutely no response from the DWP - no written confirmation that they will be contesting the Tribunal's decision or restoring my benefit and not a penny of the considerable sum they owe me deposited into my account.
I do have my local MP on board with this, but they seem to be ignoring her too - any suggestions guys ?

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8 years 2 weeks ago #156441 by Gordon
Replied by Gordon on topic Face To Face Medical Without Form ESA50

Bakerman wrote: Well, it's now been SIX WEEKS since I won my appeal and there has been absolutely no response from the DWP - no written confirmation that they will be contesting the Tribunal's decision or restoring my benefit and not a penny of the considerable sum they owe me deposited into my account.
I do have my local MP on board with this, but they seem to be ignoring her too - any suggestions guys ?


Have you phoned the DWP for an update and if you have what did they say?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 week ago #156620 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
From previous painful experience , I really don't think ANY claimants should engage with DWP on the phone ! Besides which, what is there to discuss ? "H.M Courts & Tribunal Service" decreed six weeks ago that there were no grounds to disqualify my claim and notified DWP accordingly. Am I supposed to BEG my tormentors to comply with the judge's ruling - surely DWP in are contempt of court by seemingly ignoring an official "Decision Notice" ?

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