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Face To Face Medical Without Form ESA50
- Gordon
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9 years 1 month ago #156662 by Gordon
It's not impossible for the DWP to have not received the Decision Notice from the Tribunal Service, despite the TS sending to an email address nominated by the DWP.
It's up to you whether you check or not.
Gordon
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Replied by Gordon on topic Face To Face Medical Without Form ESA50
Bakerman wrote: 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" ?
It's not impossible for the DWP to have not received the Decision Notice from the Tribunal Service, despite the TS sending to an email address nominated by the DWP.
It's up to you whether you check or not.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Bellow
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9 years 1 month ago #156759 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Do you honestly think it's feasible for the DWP not to 'keep tabs' on EVERY case which goes to appeal ? One way or another, whether the decision is in their favour or against them, it must be in their best interests for them to actively seek/obtain a copy of the Decision Notice so they can progress/close the case accordingly. It seems beyond belief that if they have'nt received a copy, they would simply do nothing !
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9 years 1 month ago #156768 by Gordon
You are assuming knowledge where there is likely none and intent when incompetency is a simpler solution.
Do the DWP regularly fail to "receive" a Tribunal Decision, most definitely yes.
Is it in your interest to check what is going on, yes! If they have not received your Decision Letter will they do anything if you don't chase them, no!
It's up to you!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Face To Face Medical Without Form ESA50
Bakerman wrote: Do you honestly think it's feasible for the DWP not to 'keep tabs' on EVERY case which goes to appeal ? One way or another, whether the decision is in their favour or against them, it must be in their best interests for them to actively seek/obtain a copy of the Decision Notice so they can progress/close the case accordingly. It seems beyond belief that if they have'nt received a copy, they would simply do nothing !
You are assuming knowledge where there is likely none and intent when incompetency is a simpler solution.
Do the DWP regularly fail to "receive" a Tribunal Decision, most definitely yes.
Is it in your interest to check what is going on, yes! If they have not received your Decision Letter will they do anything if you don't chase them, no!
It's up to you!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Bellow
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9 years 1 month ago #156880 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Actually, I should have mentioned that my MP also sent them a copy of the Decision Notice when she wrote to them on my behalf about a month ago ! So essentially TWO notices have already been sent to the DWP 'somewhere' - this would constitute incompetency beyond belief if BOTH have been simply overlooked/ignored. Then again, the case they presented against me to stop my benefit was incompetency personified ! Even so, I have arranged an appointment at a local CAB next week - they have agreed to act on my behalf.
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- Bellow
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9 years 1 month ago #157126 by Bellow
Replied by Bellow on topic Face To Face Medical Without Form ESA50
Latest development on this long running saga - I have now been sent an ESA50 to complete before 20th May ! Surely my claim and Support Group status HAS to be reinstated and outstanding benefit owed deposited into my account BEFORE they make any such demand. After all, the Tribunal judge's verdict was emphatic and unconditional - there were no good grounds to disqualify my claim and DWP were instructed to reinstate it. What I should I do in the circumstances, I am currently NOT receiving ESA nor have I submitted a fresh claim for ESA, so I have absolutely NOTHING to gain by completing it ?
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- Gordon
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9 years 1 month ago #157135 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Face To Face Medical Without Form ESA50
Bakerman
I agree that the issuing of a new ESA50 would be inappropriate if you previous ESA claim had not been re-instated, but I'm afraid we are back to square one on this, you need to ring to DWP for an update on what is going on!
If your claim has been re-instated then a new ESA50 would be a logical next step as this was after all why you had issues with the process in the first place.
Gordon
I agree that the issuing of a new ESA50 would be inappropriate if you previous ESA claim had not been re-instated, but I'm afraid we are back to square one on this, you need to ring to DWP for an update on what is going on!
If your claim has been re-instated then a new ESA50 would be a logical next step as this was after all why you had issues with the process in the first place.
Gordon
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