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Appeal win on technacality 7 years 6 months ago #97710

  • jeanniefo
Apologies if posted elsewhere
I read that someone had won an appeal on technicality
OH has won his appeal on the following grounds:
The Tribunal has carefully considered the grounds of appeal lodged on
behalf of the Appellant on … lt accepts the argument put forward in
that it finds that the Appellant has not been sent a notice which complies with
regulation 4(3)(c) of the 2010 Regulations referred to in the grounds of appeal.
The letter produced to the Tribunal today does not give sufficient information
as to the requirements (referred to in that sub-paragraph) that must be
satisfied and accordingly the Respondent has failed to comply with the
necessary formalities for conversion.

It is thought that this applies to DWP original letter about IB changing to ESA.
Does anyone else know anything else about this.
I also received my decision which I will appeal against but everyone talks about points and how long the decision lasts. I only received decision and notes explaining the decision but it did not include any points.

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Last edit: by Gordon.

Appeal win on technacality 7 years 6 months ago #97712

  • bro58

jeanniefo wrote: Apologies if posted elsewhere
I read that someone had won an appeal on technicality
OH has won his appeal on the following grounds:
The Tribunal has carefully considered the grounds of appeal lodged on
behalf of the Appellant on … lt accepts the argument put forward in
that it finds that the Appellant has not been sent a notice which complies with
regulation 4(3)(c) of the 2010 Regulations referred to in the grounds of appeal.
The letter produced to the Tribunal today does not give sufficient information
as to the requirements (referred to in that sub-paragraph) that must be
satisfied and accordingly the Respondent has failed to comply with the
necessary formalities for conversion.

It is thought that this applies to DWP original letter about IB changing to ESA.
Does anyone else know anything else about this.
I also received my decision which I will appeal against but everyone talks about points and how long the decision lasts. I only received decision and notes explaining the decision but it did not include any points.


Hi J,

It looks like the "technicality" is regarding the incorrect "Conversion Notice" (migration letter)

As discussed here : www.benefitsandwork.co.uk/forum?view=top...id=10&id=82487#82487

If you wish to know the length of your award, and how and why you were given the award, you would have to request either the ESA85 if you had a face to face, or the ESA85A if you didn't.

This can be done by ringing the office that deals with your ESA, but should be backed up with a written request.

See : ESA medical – what forms to ask for?

ESA Forms

bro58

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Last edit: by bro58.

Appeal win on technacality 7 years 6 months ago #97715

jeanniefo wrote: Apologies if posted elsewhere
I read that someone had won an appeal on technicality
OH has won his appeal on the following grounds:
The Tribunal has carefully considered the grounds of appeal lodged on
behalf of the Appellant on … lt accepts the argument put forward in
that it finds that the Appellant has not been sent a notice which complies with
regulation 4(3)(c) of the 2010 Regulations referred to in the grounds of appeal.
The letter produced to the Tribunal today does not give sufficient information
as to the requirements (referred to in that sub-paragraph) that must be
satisfied and accordingly the Respondent has failed to comply with the
necessary formalities for conversion.

It is thought that this applies to DWP original letter about IB changing to ESA.
Does anyone else know anything else about this.
I also received my decision which I will appeal against but everyone talks about points and how long the decision lasts. I only received decision and notes explaining the decision but it did not include any points.


This was a very specific Decision, I have only seen a handful of similar decision since conversions started in April 2011. To be specific, the DWP have failed to discharge there legal responsibilities in regard to transferring this claimant onto ESA. It sounds like the claimant did not receive the original notice of transfer or has challenged it's content in some way, if the latter then then there is a topic in the Spotlight area in connection with this, see

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=82487

With regard to the points you scored, etc. the ESA85(A) may gve you an indication, the prognosis on this document is also used to set your re-assessment date. There may also be an ESA72, on a broader note have a look at the following.

ESA medical – what forms to ask for?

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.
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