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Letter from tribunal - confused!!
- jpg2502
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5 years 1 week ago #229237 by jpg2502
Letter from tribunal - confused!! was created by jpg2502
i have received a letter from the Tribunal regarding my appeal against WRAG for ESA and wanting to be place back into the support group.
My appeal was accepted in Jan/Feb time, I was told to expect the wait to be into the Autumn of this year for my appeal to be heard.
The letter i received states it is a 'decision notice' and that 'no descriptor from Schedule 3 of the ESA regulations 2008 was satisfied' it then goes on to say 'but regulation 35 of the ESA regulations 2008 applied' then some more waffle followed by 'in reaching its decision the tribunal placed particular reliance upon the evidence of the appellants physchotherapist'
then 'the tribunal recommends that the department does not reassess ****** within 24 months from todays date.' and then something about the tribunal considering they could decide this appeal without a hearing.
SO does this mean my tribunal was successful and I have now been placed back in the support group??
I am probably being very stupid but they do not seem to lay it out in black and white!
My appeal was accepted in Jan/Feb time, I was told to expect the wait to be into the Autumn of this year for my appeal to be heard.
The letter i received states it is a 'decision notice' and that 'no descriptor from Schedule 3 of the ESA regulations 2008 was satisfied' it then goes on to say 'but regulation 35 of the ESA regulations 2008 applied' then some more waffle followed by 'in reaching its decision the tribunal placed particular reliance upon the evidence of the appellants physchotherapist'
then 'the tribunal recommends that the department does not reassess ****** within 24 months from todays date.' and then something about the tribunal considering they could decide this appeal without a hearing.
SO does this mean my tribunal was successful and I have now been placed back in the support group??
I am probably being very stupid but they do not seem to lay it out in black and white!
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5 years 1 week ago #229242 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Letter from tribunal - confused!!
Jay
Yes, meeting Regulation 35 places you in the Support Group so congratulations on the award.
It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call next week to make sure that they have received the Decision Notice.
Gordon
Tags: @RESULT @ESA @APPEAL
Yes, meeting Regulation 35 places you in the Support Group so congratulations on the award.
It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call next week to make sure that they have received the Decision Notice.
Gordon
Tags: @RESULT @ESA @APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jpg2502
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5 years 1 week ago #229244 by jpg2502
Replied by jpg2502 on topic Letter from tribunal - confused!!
great thank you, do you know if this includes backpay from when the original decision was made by DWP? (November last year)
Also do the DWP usually follow through with the recommendations of when to re-assess?
Also do the DWP usually follow through with the recommendations of when to re-assess?
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- Gordon
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5 years 1 week ago #229245 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Letter from tribunal - confused!!
Jay
Yes, you should receive the difference between the SG rate and what you have actually been paid from the date of the Decision you appealed.
The reassessment period is not binding on the DWP but I would be surprised if they did not honour it.
Gordon
Yes, you should receive the difference between the SG rate and what you have actually been paid from the date of the Decision you appealed.
The reassessment period is not binding on the DWP but I would be surprised if they did not honour it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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