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ESA appeal
- Alison.griffiths1@sky.com
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10 years 3 weeks ago - 10 years 3 weeks ago #133248 by Alison.griffiths1@sky.com
ESA appeal was created by Alison.griffiths1@sky.com
On 2/4/15 my husband won his appeal to be in ESA support group. Court clerk told us he had emailed dwp immediately. When I contacted dwp on 14/4/15 TP find out how long it would take for arrears of money to be paid, I was told that it will take 6-8 weeks as dwp might disagree with outcome of appeal. I was also told they had no record of outcome of appeal. Is this information correct. I was under the impression that if an appeal was granted then this is final. Appreciate your advice. Alison
Last edit: 10 years 3 weeks ago by . Reason: tick
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- Gordon
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10 years 3 weeks ago #133249 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
AG
Welcome to the forum.
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The DWP have the same rights as the claimant to appeal a First Tier Decision to the Upper Tier if they believe there has been an Error of Law in the proceedings. They look at all Decisions that they lose but challenge very few, to be clear they cannot appeal just because they disagree with the result.
As far as I am aware the DWP only process the Decision when they have the written Decision Notice, if they have not received this yet then you may be able to speed the process up by faxing them a copy.
The DWP have one month from the date of the Tribunal Decision to start the process of an appeal so you chase them again at the beginning of May, if they are considering an appeal then come back to the forum and we can provide more advice.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
The DWP have the same rights as the claimant to appeal a First Tier Decision to the Upper Tier if they believe there has been an Error of Law in the proceedings. They look at all Decisions that they lose but challenge very few, to be clear they cannot appeal just because they disagree with the result.
As far as I am aware the DWP only process the Decision when they have the written Decision Notice, if they have not received this yet then you may be able to speed the process up by faxing them a copy.
The DWP have one month from the date of the Tribunal Decision to start the process of an appeal so you chase them again at the beginning of May, if they are considering an appeal then come back to the forum and we can provide more advice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alison.griffiths1@sky.com
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10 years 3 weeks ago #133251 by Alison.griffiths1@sky.com
Replied by Alison.griffiths1@sky.com on topic ESA appeal
Many thanks for your reply Gordon
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- slugsta
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10 years 3 weeks ago #133252 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA appeal
Hi and welcome to the forum. On the assumption that you are also new to the site, this link should help you find your way around.
Welcome to Benefits and Work
I don't know whether you realise that your real name is visible on the forum. If you wish to change your username you can do so easily by following the advice in this FAQ.
My full name is showing, how can I stop it?
I'm glad that your husband won his ESA appeal. Both DWP and the claimant have 1 month after the date of the Tribunal decision to decide whether they think they can take this further. This can only be done by showing that there has been an Error in Law, not just because they do not agree with the decision.
What is an Error of Law?
The first step to appealing would be to request a Statement of Reasons from the Tribunal service. You would know if DWP have done that as your husband would receive a copy of the SOR too. DWP do not often take things further, but it is possible.
Tribunals – Requesting a Statement of Reasons
I hope you do not have to wait too long and that the outcome is good. Please let us know when you have a decision. If you bookmark/favourite this thread on your web browser you will be able to find it easily when you want to update it.
Welcome to Benefits and Work
I don't know whether you realise that your real name is visible on the forum. If you wish to change your username you can do so easily by following the advice in this FAQ.
My full name is showing, how can I stop it?
I'm glad that your husband won his ESA appeal. Both DWP and the claimant have 1 month after the date of the Tribunal decision to decide whether they think they can take this further. This can only be done by showing that there has been an Error in Law, not just because they do not agree with the decision.
What is an Error of Law?
The first step to appealing would be to request a Statement of Reasons from the Tribunal service. You would know if DWP have done that as your husband would receive a copy of the SOR too. DWP do not often take things further, but it is possible.
Tribunals – Requesting a Statement of Reasons
I hope you do not have to wait too long and that the outcome is good. Please let us know when you have a decision. If you bookmark/favourite this thread on your web browser you will be able to find it easily when you want to update it.

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