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tribunal decision
- Brad
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5 years 5 months ago #220630 by Brad
tribunal decision was created by Brad
my friend making an ESA claim which he was denied, also turned down his WR so he went to a tribunal at the courts, they foundin his favour and he was happy obviously and told to wait for them to contact the DWP with their decision. However he got a letter from the DWP the other day and basically says they do not agree with the tribunal decision and are still not accepting his ESA claim.
i have never heard of the DWP going against a decision like this, my friend has doctors letters explaining his condition and reasons he cant work but they just dont seem interested.
my question is where can he go from here? is their another higher appeal process after a tribunal, or is it a case of having to start again with a new claim and making sure everything is filled out with air tight reasons for why he should get it.
makes me feel guilty that i got in support group without even needed a WCA this time around..he cant get his head around why they are being so difficult with him.
i have never heard of the DWP going against a decision like this, my friend has doctors letters explaining his condition and reasons he cant work but they just dont seem interested.
my question is where can he go from here? is their another higher appeal process after a tribunal, or is it a case of having to start again with a new claim and making sure everything is filled out with air tight reasons for why he should get it.
makes me feel guilty that i got in support group without even needed a WCA this time around..he cant get his head around why they are being so difficult with him.
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- Gordon
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5 years 5 months ago #220672 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic tribunal decision
Brad
The DWP, like y our friend, has a further right of appeal to the Upper Tier Tribunal if they can show that there was an Error in the making of the Decision but not because they disagree with the Decision
What is an Error of Law?
The first stage of the process is for them to request a Statement of Reasons from the Judge in charge of the hearing, many challenges fail at this point as there is no discernable Error. I'm afraid his Tribunal award is not payable until the matter is resolved.
Gordon
The DWP, like y our friend, has a further right of appeal to the Upper Tier Tribunal if they can show that there was an Error in the making of the Decision but not because they disagree with the Decision
What is an Error of Law?
The first stage of the process is for them to request a Statement of Reasons from the Judge in charge of the hearing, many challenges fail at this point as there is no discernable Error. I'm afraid his Tribunal award is not payable until the matter is resolved.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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