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Appeal to the Upper Tribunal re ESA WRAG

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9 years 7 months ago #125362 by Gordon
Replied by Gordon on topic Appeal to the Upper Tribunal re ESA WRAG
Freda

When you last posted you were waiting for a Decision from the Upper Tribunal, is the Decision you are referring to from this or have you had a new First Tier Tribunal in the interim?

Whilst it is not impossible, it would be unusual for a UTT Judge to make a Decision on your original appeal unless there was overwhelming evidence that you were entitled to be in the Support Group, more usually they will provide guidance on the Error of Law that you appealed to them about and refer the case back to the First Tier Tribunal for a new hearing to be heard.

If a Decision to place you in the Support Group has been made, then it will apply from the date of the original Decision that you appealed, then it will take the DWP about 6-8 weeks to process the paperwork and to re-instate payments, you may be able to speed this up by faxing them a copy of the Tribunals Decision Notice.

On the assumption that the date of the original Decision pre-dates the sanction then you will also receive back payment of the monies that were stopped during the sanction.

Gordon

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  • Freda
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9 years 7 months ago #125363 by Freda
Replied by Freda on topic Appeal to the Upper Tribunal re ESA WRAG
Yes it was referred to a new FTT and they found in my favour. I had given up hope and it had driven me into the ground. I should feel elated but I just feel numb. How can they treat people this way? Thanks for all your help.

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9 years 7 months ago #125364 by Gordon
Replied by Gordon on topic Appeal to the Upper Tribunal re ESA WRAG
Freda

I can understand how drained you must feel but you should be very proud of what you have achieved, especially as you have had to do it all on your own.

Congratulations

Gordon

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

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  • bro58
9 years 7 months ago #125365 by bro58
Replied by bro58 on topic Appeal to the Upper Tribunal re ESA WRAG
Great News !!!

Well done Freda !!!!! :cheer:

If you haven't already done so, you could send a copy of the Tribunal's Decision Notice to the DWP office dealing with your ESA.

Sending Documents to the DWP or ATOS

It "could" help to speed things up.

bro58

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