× Members

Is it worth writing to the Tribunal?

  • Issie
  • Topic Author
11 years 7 months ago #92799 by Issie
Son won is appeal to be placed in Support group 25.9.12 - with a recommendation he shouldn't be re-assessed for 24 months. On 27.9.12 (two days later) we got another ESA form to fill in:-(

Following advice from here (think it was Gordon) - even though I am annoyed with the way things are - I have completed it together with tribunal decision etc and will send later this week.

It seems ridiculous to me that 2 days after winning an appeal - we are back to the start again:-(

I wondered though is it worth alerting the tribunal service to what is going on? I have emailed MP because this seems totally perverse IMHO

Is

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #92802 by Gordon
Replied by Gordon on topic Re:Is it worth writing to the Tribunal?
Issie

The problem is that the DWP will likely not have even received the Tribunal Decision let alone opened the envelope, within those timescales, in fact, the decision to re-assess your son would have been several weeks in advance of the Tribunal hearing actually being heard.

I know it can be frustrating, but it is important to remember that the Tribunal re-makes the original Decision and is only concerned with the health of the claimant at that time, not the date of the Tribunal, so it is quite likely that in relaity your son has not assessed for best part of a year.

Good luck with the new assessment, the Tribunal Decision may help with this review, if you can also show that his condition has not changed or has indeed worsend since the previous Decision.

Gordon

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

Please Log in or Create an account to join the conversation.

  • Issie
  • Topic Author
11 years 7 months ago #92803 by Issie
Replied by Issie on topic Re:Is it worth writing to the Tribunal?
Thx Gordon

I can see you sense my frustration - it just seems a bit of a nightmare to be honest - there isn't any 'joined up' thinking here - you would think that if the DWP know I am appealing - they would hang fire till they had a result of a Tribunal decision before another ESA50 missive arrives through the door - obviously I know it's all computer generated:-(

His condition is the same - will let you know how I go on with this - might keep the documents and hand them to the JP since we have another WFI scheduled for this week - ho hum:-)

I need a holiday!

Is

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #92804 by Gordon
Replied by Gordon on topic Re:Is it worth writing to the Tribunal?
Issie

As your son has now been placed in the Support Group, he should now be excused attending WFIs, although the JC+ may want the Decision Notice to be processed by the DWP before ecusing him.

Gordon

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

Please Log in or Create an account to join the conversation.

  • Issie
  • Topic Author
11 years 7 months ago #92805 by Issie
Replied by Issie on topic Re:Is it worth writing to the Tribunal?
I think with the way things have been going I will just attend the WFI with son and personally hand deliver the ESA50, Tribunal decision medical reports etc - at least then I can say I hand delivered it to "H" the advisor - since they have lost paperwork before:-(

It's not due in till 26.10.12 and our WFI is on the 10.10.12 :-)

Is

Please Log in or Create an account to join the conversation.

More
11 years 7 months ago #92806 by Gordon
Replied by Gordon on topic Re:Is it worth writing to the Tribunal?
Issie wrote:

I think with the way things have been going I will just attend the WFI with son and personally hand deliver the ESA50, Tribunal decision medical reports etc - at least then I can say I hand delivered it to "H" the advisor - since they have lost paperwork before:-(

It's not due in till 26.10.12 and our WFI is on the 10.10.12 :-)

Is

Sorry to ruin your plan, but the ESA50 and any attached evidence needs to be returned to ATOS not the JC+.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris