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ESA appeal
- BOB WINGERATH
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8 years 5 months ago #144596 by BOB WINGERATH
ESA appeal was created by BOB WINGERATH
I saw a client for the first time this week who went to appeal back in 2013 but has never received a response or any alteration in her basic ESA payment. When I spoke to DWP they said they were still awaiting the Tribunal Service response but 'funnily enough' were chasing the Tribunal Service that day ! Client has a letter from the local job centre stating she is in the suppoirt group sent earlier this month but DWP advised that was not the case as no response to appeal. I then spoke to Tribunal Service and they advised all papers destroyed after 6 months so had no record of this appeal although could possibly find the decision in their archives.
The client was unaware of the appeal process and what should have happened and has just continued supplying medical certs and getting her basic money. I understand that DWP had to respond with 28 days following an appeal but as that came in force from October 2014 presumably this casse is unaffected by this ruling.,
To my mind my client should go thorugh the formal complaints process and get the support group component back dated to 2013 but has anyone come across this sort of issue before or know of something hidden in the regs that i can quote to DWP to ensure back adjustment.
The client was unaware of the appeal process and what should have happened and has just continued supplying medical certs and getting her basic money. I understand that DWP had to respond with 28 days following an appeal but as that came in force from October 2014 presumably this casse is unaffected by this ruling.,
To my mind my client should go thorugh the formal complaints process and get the support group component back dated to 2013 but has anyone come across this sort of issue before or know of something hidden in the regs that i can quote to DWP to ensure back adjustment.
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- Gordon
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8 years 5 months ago #144606 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
BW
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It is not unknown for the DWP to lose a Tribunal Decision Letter.
I'm afraid processing a Tribunal result in an administrative process so I doubt that there is any significant legislation that would cover it.
In addition to a complaint, your client might want to think about compensation for the missed payments.
As an aside the DWP do not have to respond to an appeal result in 28 days, it usually takes them 6-8 weeks, the 28 days is just the time in which they can request a Statement of Reasons from the Judge and this has been in place for some time before 2014.
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?
It is not unknown for the DWP to lose a Tribunal Decision Letter.
I'm afraid processing a Tribunal result in an administrative process so I doubt that there is any significant legislation that would cover it.
In addition to a complaint, your client might want to think about compensation for the missed payments.
As an aside the DWP do not have to respond to an appeal result in 28 days, it usually takes them 6-8 weeks, the 28 days is just the time in which they can request a Statement of Reasons from the Judge and this has been in place for some time before 2014.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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