Last Minute Phone call Reprieve from the Tribunal

We were due to go to a tribunal today for an ESA support group appeal only to get a phone call this morning from the clerk saying that the tribunal had looked at the appeal papers and they were happy to find in favour of the appeal, so we could avoid a journey if that was okay. To say yes was an understatement, as my wife had hardly slept last night and was in a great deal of pain. So we now await the written decision and then we will need to ask the DWP how long we have been awarded the SG for. I just hope its not just 6 months, as then we will have to start all over again immediately, as my wife was awarded ESA last October, having been migrated from IB.

Thanks for all the help on this forum from the mods. I used the argument suggested by bro that the DWP had not produced any evidence to refute the evidence we had presented, which clearly indicated that my wife could not complete activity 1 unaided. I quoted the relevant case law i.e. ref R (SB) 33/85

Keep up the good work and thanks again.

That is great news Boo, thank you for letting us know

Hi b,

That is really great news, well done !!!!

Thank you for letting us know, and for your kind comments regarding all at B&W.

Hopefully, you can now have a prolonged period of peace.

It may speed things up, if you send a copy of the Tribunal Decision Notice to The Benefits Office that deals with your ESA, when you receive it.

Sending Documents to the DWP or ATOS

bro58

Well done Boo.....where could I find this relevant case law ref R (SB) 33/85, if its not handy, could the mods give me it,,, cheers

Bud wrote: Well done Boo.....where could I find this relevant case law ref R (SB) 33/85, if its not handy, could the mods give me it,,, cheers

Hi B,

Although case law can be helpful, one should ensure that the scenario pertaining to the appellant in the cited case, is the same or very similar to one's own.

R (SB) 33/85

bro58