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Dates appeal tribunal take into consideration

  • bro58
10 years 3 months ago - 10 years 3 months ago #114717 by bro58

del wrote:

bro58 wrote:

del wrote:

bro58 wrote:

del wrote: Exactly what dates do the tribunal panel take into consideration?

Is it the date of the ESA50 claim form, date of DWP first decision after medical assessment or re-consideration date? Or, does it take into consideration all the dates, just wondering as all dates lf from completion of ESA50 to appeal submission span over a period of seven months.


Hi d,

In all cases, a Tribunal will only re-look at whether you should have qualified for the level of/benefit at the date of the adverse decision that you have appealed, and not how you have been, and whether you should qualify at any time since them.

So they are literally re-looking at the evidence, pertinent to the date of the adverse decision appealed, to see whether the DWP DM was errant in coming to their decision.

This is why any fresh evidence provided by the appellant must be tied to and relevant to the date of the adverse decision.

bro58

bro58


Thanks bro58, so would that then be the original decision made by the first decision maker? (It was reconsidered then appealed against).


Hi d,

Sorry, please disregard my previous comments which I have deleted.

I think I am coming down with an acute case of ESAitis !!! :silly:

In all cases, it would be the date of the original adverse decision, as even if that decision is changed at reconsideration, that reconsidered decision is back dated to the time of the original adverse decision.

bro58


:laugh: :laugh: no problem bro58, thanks for clarifying. I don't think you are alone with an acute case of ESAitis - wonder if that would get us into the support group B)


Ah, but we must remember d, that it would be the limitations caused by the ESAitis rather than the ESAitis itself that would have to fulfill the SG descriptors.

Mind you, if I continued to give errant advice as a result of the ESAitis, I could definitely cause a "Substantial Risk" to others, so ESA Reg 35 may be pertinent !!!! :laugh: :laugh:

bro58
Last edit: 10 years 3 months ago by bro58.

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