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- Advice needed please re ESA Appeal process
Advice needed please re ESA Appeal process
- Gordon
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del wrote: First decision and reconsideration remained the same. Sent in appeal, received letter saying they are looking at my case again and will advise me of outcome, it might not be necessary to go to appeal but if it is they will send me out documents? Any ideas what this means, never had this before.
First of all it will be a standard letter, so it may not correspond to your specific circumstances.
Whenever an appeal is made that DWP are required to carry out a Reconsideration, as one has already been done on your claim, this may be nothing more than a cursory look at your file, but if you have attached additional information to the GL24, or supplied it separately, then it could be another full Reconsideration.
If the DWP make a Decision that is more in your favour than the original one then they are entitled to lapse (cancel) the appeal, given that you are in the WRAG the only positive Decision they can reach is to place you in the SG. If they do not revise the Decision then your papers will be submitted to the Tribunal Service for a hearing to be held.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- del
- Topic Author
Gordon wrote:
del wrote: First decision and reconsideration remained the same. Sent in appeal, received letter saying they are looking at my case again and will advise me of outcome, it might not be necessary to go to appeal but if it is they will send me out documents? Any ideas what this means, never had this before.
First of all it will be a standard letter, so it may not correspond to your specific circumstances.
Whenever an appeal is made that DWP are required to carry out a Reconsideration, as one has already been done on your claim, this may be nothing more than a cursory look at your file, but if you have attached additional information to the GL24, or supplied it separately, then it could be another full Reconsideration.
If the DWP make a Decision that is more in your favour than the original one then they are entitled to lapse (cancel) the appeal, given that you are in the WRAG the only positive Decision they can reach is to place you in the SG. If they do not revise the Decision then your papers will be submitted to the Tribunal Service for a hearing to be held.
I hope this explains it.
Gordon
I attached additional evidence from medical professional to that already provided at original and reconsideration. Any idea of timescale of being notified of outcome of another reconsideration if one is carried out or notification of papers being sent for appeal?
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- Gordon
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- Posts: 51287
del wrote: I attached additional evidence from medical professional to that already provided at original and reconsideration. Any idea of timescale of being notified of outcome of another reconsideration if one is carried out or notification of papers being sent for appeal?
I am afraid there is no way to gauge how long the DWP will be, it could be week, it could be months, they are not required to complete the process within any specific timescale.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- del
- Topic Author
Gordon wrote:
del wrote: First decision and reconsideration remained the same. Sent in appeal, received letter saying they are looking at my case again and will advise me of outcome, it might not be necessary to go to appeal but if it is they will send me out documents? Any ideas what this means, never had this before.
First of all it will be a standard letter, so it may not correspond to your specific circumstances.
Whenever an appeal is made that DWP are required to carry out a Reconsideration, as one has already been done on your claim, this may be nothing more than a cursory look at your file, but if you have attached additional information to the GL24, or supplied it separately, then it could be another full Reconsideration.
If the DWP make a Decision that is more in your favour than the original one then they are entitled to lapse (cancel) the appeal, given that you are in the WRAG the only positive Decision they can reach is to place you in the SG. If they do not revise the Decision then your papers will be submitted to the Tribunal Service for a hearing to be held.
I hope this explains it.
Gordon

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- del
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- bro58
del wrote: I now know for definite via sar that DWP do in fact have my paperwork but have not forwarded any of it to appeal tribunal even although I been notified of appeal date. Is this classed as withholding information/evidence and should the tribunal be made aware of this in advance? What an ongoing nightmare this all is! thanks
Hi d,
Merry Xmas !!!

All three parties (you, DWP and TS) in an appeal MUST have access to all of the evidence available.
It may be advisable to contact The TS, and inform them of your thoughts.
If this issue is left until the day of the hearing, it could result in an adjournment.
bro58
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