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Our tribunal experience - hope it helps

  • bro58
11 years 1 month ago #99481 by bro58
Replied by bro58 on topic Our tribunal experience - hope it helps
Forgiven Tb,

A very informative post, which hopefully has helped other members. :)

Still a tad long though. :laugh:

bro58

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11 years 1 month ago #99482 by Gordon
Replied by Gordon on topic Our tribunal experience - hope it helps

Tailyboosh wrote: As a footnote, of course, we are inevitably back on the treadmill to a certain extent. DWP want us to fill in the latest ESA 50 as they haven't had notification of the verdict yet and what if I got it wrong etc, etc.... We can wait a week or so if we want until they may or may not have received the result from the Tribunal Service. They also told us the recommendation not to re-assess my husband for a couple of years may also be backdated to the original decision, thus only a year - stilll feels like luxury, whether we have to fill their damned form in or not.

Battle on everyone, battle on!

Best wishes and many thanks again.


I am afraid that the recommendation by the Tribunal of re-assessment after 24 months, is just that, a recommendation, and is not binding on the DWP, as an ESA50 has been issued, unless you receive written confirmation from the DWP that you do not need to complete the form, you should do so and ensure that it is returned by the date in the accompanying letter.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Tailyboosh

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  • bro58
11 years 1 month ago #99483 by bro58
Replied by bro58 on topic Our tribunal experience - hope it helps
Yes Gordon, is correct.

I was reading recently of a claimant who won at a Tribunal. The Tribunal gave a recommendation of 18 months before another reassessment, the very next morning 20 hours after winning at the Appeal Hearing, another ESA50 arrived through the post. :(

bro58

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11 years 1 month ago #99484 by Gordon
Replied by Gordon on topic Our tribunal experience - hope it helps
Tailyboosh

Just to add, the ESA descriptors and Regulations were updated at the end of January, so you should make sure that you use the correct guides when completing the ESA50.

Gordon

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

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  • Tailyboosh
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #99485 by Tailyboosh
Replied by Tailyboosh on topic Our tribunal experience - hope it helps
Thanks Gordon - are the new guides ready/out there?
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #99488 by Gordon
Replied by Gordon on topic Our tribunal experience - hope it helps

Tailyboosh wrote: Thanks Gordon - are the new guides ready/out there?


They are in the Members area, the guide to use is dependant on the ESA50 version you have received, the headers explain the versions.

Gordon

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

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