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TOPIC: Won ESA Appeal but!

Re:Won ESA Appeal but! 9 years 3 months ago #22219


This is not only pertinent to the WCA but also the PCA. Why this is the case, I do not know, but if tribunals were able to give a review date, this would obviously prevent Atos from initiating a repeat of the procedure so soon after a successful appeal, as is apparently happening with the WCA.


Surely it must also be worth contacting the Tribunals Service Head Office and making a complaint.

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Re:Won ESA Appeal but! 9 years 3 months ago #22300

Hi,

Thank you for all your replies - it really makes me feel better.

The update is that I telephoned Job Centre Plus on behalf of my son and they told me that the form would need to be completed etc., etc. Shortly after that the post arrived with a letter from the DWP advising that £2397.00 had been credited to my son's account and this was in respect of arrears of main ESA plus the support group element. I know that these are two completely different issues - but again words fail me...

I have decided to submit the form and more or less write the same info as the last ESA50 but on the last page I will explain about the appeal etc. If my son is then requested to attend another medical, I will indeed contact my MP to ask if this nonsense can be stopped. I can cope with doing the form and having a decision maker read it. I want to believe that common sense will prevail but perhaps I am being naive. Anyhow I expect I will know soon enough.

Thank you for all the support - it makes a difference!

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Re:Won ESA Appeal but! 9 years 3 months ago #22330

HI
Iknow this is my first post, but i have been lurking on this site for some time now.
Could you not start a Judicial Review on the matter using the grounds that it is Unreasonable for a disabled person to go through the whole process again without them giving you a reason as to why after such a short time..
As a ex union Rep, if i was to be totaly fair i could understand if someone won a appeal soley on a minor technicality having it looked at again.
But then again i personaly believe they should have give you the reason why you have to go through the whole process again in writing.

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Last edit: by kerryman. Reason: afterthought.

Re:Won ESA Appeal but! 9 years 3 months ago #22332

Hi Chris,

Judicial Review can be used to challenge a tribunal's decision, but as the ESA appeal was successful, there is no decision to challenge.

As Crazydiamond has stated, and he's a former Adjudication Officer for the former DSS, Atos can send out a fresh ESA or IB50 at any time, but the decision to do this cannot be challenged. It may of course be a mistake, as ATOS may not be aware of the successful appeal.

papasmurf, it is no use complaining to the Tribunals Service as the appeal was successful, and they have no say in when Atos sends out ESA50's, or indeed any other form they send out.

This procedure seems to have become worse since the DWP stopped sending out IB/ESA 50 forms and Atos took over.

It would be worth contacting Atos and asking if they're aware that you've recently had a successful ESA appeal.

I'd also be inclined to ask your MP to raise this matter by asking for a written reply from Ian Duncan Smith, Secretary of State for Work & Pensions.

Good luck, and do let us know how you get on.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Won ESA Appeal but! 9 years 3 months ago #22339

Thank you for your reply, i wrongy assumed it came under the.
"actions of a public body" part of a judicial review.
thank you again.

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Last edit: by Jim Allison.

Re:Won ESA Appeal but! 9 years 3 months ago #22340

Hi Chris,

This was just my opinion, as I'm no expert in Judicial Review.

There's a full explanation on what Judicial Review can/cannot be used for on the Ministry of Justice website HERE

Thank you for your welcome contribution.

Best wishes.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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