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esa reconsideration appeal
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7 years 9 months ago #178718 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi gordon received a letter to day from appeals services with a script from the day of the postponed appeal, in it the appeals team have requested a member of the esa department be present when the next appeal is being heard ,why would they request someone from the department be present ??
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7 years 9 months ago #178736 by Gordon
It's likely that they have questions about the quality of the assessment process and the Decision that was reached. Even though the request has been made, it's still not unusual for the DWP not to attend.
Gordon
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Replied by Gordon on topic esa reconsideration appeal
helen1234 wrote: hi gordon received a letter to day from appeals services with a script from the day of the postponed appeal, in it the appeals team have requested a member of the esa department be present when the next appeal is being heard ,why would they request someone from the department be present ??
It's likely that they have questions about the quality of the assessment process and the Decision that was reached. Even though the request has been made, it's still not unusual for the DWP not to attend.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #178739 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
do they not have a legal obligation to attend if they have been requested
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7 years 9 months ago #178742 by Gordon
Tribunals have very limited capability to compel, if they don't it's likely that the hearing will be heard in their absence. The DWP may turn up but I regularly see it posted that they do not.
Gordon
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Replied by Gordon on topic esa reconsideration appeal
helen1234 wrote: do they not have a legal obligation to attend if they have been requested
Tribunals have very limited capability to compel, if they don't it's likely that the hearing will be heard in their absence. The DWP may turn up but I regularly see it posted that they do not.
Gordon
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7 years 6 months ago #187063 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
well had my appeal today ,not sure how it went ,wanted to know if i had dla ,what rate and for how long ,why would they want to know this info ,if dla has no bearings on esa .the DWP did turn up by the way
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7 years 6 months ago #187072 by Gordon
It would show a history of disability.
If they are sending the Decision by post then it will probably be the end of the week before you hear.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa reconsideration appeal
helen1234 wrote: well had my appeal today ,not sure how it went ,wanted to know if i had dla ,what rate and for how long ,why would they want to know this info ,if dla has no bearings on esa .the DWP did turn up by the way
It would show a history of disability.
If they are sending the Decision by post then it will probably be the end of the week before you hear.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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