ESA troubles - help needed
Comments
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Hello Fairplay and welcome
So sorry you are having to deal with all of this and I am sorry for your daughter also, she is having a torrid time
There is plenty of info on here about appeals, please have a look around.
When you first appealed to the tribunal, did you get a letter confirming that your appeal had been accepted ?
Did you then receive a bundle of paperwork from the DWP containing all the evidence ?
When you appeal to the tribunal it is your decision whether to lapse your appeal not the DWP. Even if they make you a favourable offer you do not have to accept it and can continue to the tribunal hearing.
If as you say the two appeals are linked and you haven't withdraw them, you can ring the Tribunal clerk for an update.
Once you have an appeal accepted you should only deal with the tribunal and not the DWP
CR
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Hi @Fairplay43,
Welcome to the community and thanks for calling the helpline today.
Keep up the good work and let's see what the judge says when they read your letter. Please keep us posted on progress.
Best wishes
Debbie0 -
Hi Fairplay43,
The DWP will lapse an appeal if they feel that their new decision is favourable to you, even if it is only slightly favourable. This means they will send out this favourable decision in writing to you, but that decision is also appealable as well if it is not to your satisfaction, so in theory any decision they make that carries a right of appeal can in the end get to a tribunal if you want it to. Good luck!
Lee0 -
Thank you for replying to my post everyone. Not sure if I am posting my response in the right place as I have 3 replies, but only one space put my answers. Thanks CockneyRebel for your helpful response about the appeal. After taking telephone advice from HMCTS, I sent a letter to their processing team yesterday, enclosing a letter to the Judge explaining what has happened, so that he/she can give directions as to the best way to proceed to an oral hearing. I have learnt a lot about how devious the DWP are, & I was advised to bring all their delaying tactics & downright lies to the attention of the Judge. Thanks also to Debbie_Scope for taking the time to give me advice. I will keep you updated. Finally thank you to Lee. I have notified HMCTS in writing that we wish to continue with the appeal, & they have said that they will advise the DWP that we wish to continue to an oral appeal.
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Fairplay43,
If I've understood it correctly, the problem with the decision now is the length of the award. So all evidence you have about your daughter's condition and what the doctors have said will be relevant. I'm just worried that you say the operation was four weeks ago. If the second decision you are appealing against is the ESA decision on the second claim, then I think the operation happened after the second claim? Unfortunately, the tribunal won't be able to look at any changes of circumstances which happened after the date of the decisions that you are appealing.
I'm worried that your appeal won't get to consider the changed circumstances since the operation, because both decisions you're appealing against happened before it. I would make sure that you've informed the DWP about the changed circumstances (I'm sure you have). You really need a decision from them based on your daughter's circumstances now, if you haven't already got one.
If the tribunal decision is successful for your daughter, then you'll need to tell the DWP that the decision is still relevant, even though her circumstances have changed since.
I'm really sorry about the complications, but it's important to understand what the tribunal can and cannot do. I hope that you get through this with the correct award.
Will0 -
Thank you Will. I am quite confident that my daughter fulfilled all the criteria to be on ESA in the first place, & that the DWP were in the wrong in May to have taken her off it following the flawed assessment. Her mental health condition has always been precarious & the DWP just ignored all the evidence provided. She has many other conditions too that had deteriorated, but they were all dismissed, despite hospital test results & diagnosis letters being sent in. It's been a total nightmare. I think we shall now just have to wait & see what happens at the Appeal, but I will let you know.0
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