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5 years 10 months ago #209054 by Thomas Durber
ESA Tribunal was created by Thomas Durber
Good Afternoon, Just wanted to share our great news with you all, but also ask a question. Thanks to the information and advice given on this site, I had the confidence and advice to originally ask for a Mandatory Reconsideration (which was completely ignored as expected), and then to make an appeal to HMCTS. I sent full copies of my wife's medical records, along with reports from her Osteopath and Hydro-therapist, along with a concise breakdown of all the factors I considered to have been incorrectly scored. Our hearing is scheduled for Monday next, and on Wednesday of this week she received a phone call the details of which were confirmed in writing this morning in the post. It was from a senior assessor who informed her that in his opinion the findings of the initial assessment and the Mandatory reconsideration, were wrong. As a result he was awarding her 15 points for the mobility portion and placing her in the support group. In my letter to the tribunal, there were other factors raised which would give her another 18 points at least in the day to day section. The question is is it of any value to further argue at the tribunal, for a higher score assuming the court does not contact us to cancel the hearing. Thanking you in advance for any assistance.

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5 years 10 months ago #209069 by Gordon
Replied by Gordon on topic ESA Tribunal
T

Many congratulation on getting the Decision revised by the DWP before your appeal hearing.

As a more favourable Decision has been made your appeal should now lapsed (cancelled), you could request a new appeal but I would be very surprised if it was accepted, an appeal is about the award and not the points that might be scored!

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Gordon

tags: @RESULT @ESA @APPEAL

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 10 months ago #209090 by Derek4
Replied by Derek4 on topic ESA Tribunal
Really pleased to hear that Tom. It seems quite common for the DWP to throw in the towel, so to speak, before the appeal. It makes a complete mockery of the reconsideration process which was only introduced to make it harder to appeal.

You should soon receive a letter from HMCTS confirming that your appeal has now lapsed.
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