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ESA and tribunal

diondion Member Posts: 31 Listener
edited September 2018 in Employment and Support Allowance (ESA)
hi please someone give me advice. I won esa appeal 3 weeks ago and dwp called today and told me there chalangeing the tribunals decision can u tell me where I stand are the and is it unusual for them to do this and what are the odds thay will go agaist the tribunal? any advice is much appreciated 
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Replies

  • Ami2301Ami2301 Community champion Posts: 7,139 Disability Gamechanger
    Hi @dion
    Welcome to the community! Unfortunately I am unsure however another member of the community may know and will be in contact with you soon :)
    Community Champion
    Disability Gamechanger - 2019
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  • diondion Member Posts: 31 Listener
    please someone help me answer my question Iits making me sick with worry thank in advance 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,662 Disability Gamechanger
    Hi @dion and welcome to the community. I am sorry that you have not received a response just yet. I will move your discussion to the ESA section on the community and hope people will help :)
    Community Partner
    Scope

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  • diondion Member Posts: 31 Listener
    ok thank u I'm just going mad worrying about this I'm trying to deal with addiction problems and got loads of health issues this makes my feel like go not going and buying drugs but I'm not gonna the esa people would love that wouldn't thay 
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    At this stage they’ll have just asked for a statement of reasons to see if there might be grounds for appeal. It’s not unusual and it doesn’t follow that they will appeal. Both parties have the same appeal rights. It would clearly be unjust if they didn’t but at this stage it’s just routine.
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  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @dion, as @mikehughescq says this is just routine rather than a case of you being singled out, although I can empathise with why you would be feeling anxious about it. Please do keep us updated, and I hope today's a good one!
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  • diondion Member Posts: 31 Listener
    thanks pipa
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  • diondion Member Posts: 31 Listener
    just been to see key worker and he's saying I have nothing to worry about as there just trying it, the dwp I mean. i hope he's right if there is anyone with any advice for me about my problem please get in touch it is much appreciated thanks in advance 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dion said:
    just been to see key worker and he's saying I have nothing to worry about as there just trying it, the dwp I mean. i hope he's right if there is anyone with any advice for me about my problem please get in touch it is much appreciated thanks in advance 
    Hi,

    There's no more advice to give you here. DWP have 28 days to request the statement of reasons, this doesn't mean they're appealing the decision. It won't be the first time DWP have requested the statement of reasons. As i advised yesterday on one of your threads, DWP have to find an error in law before they can appeal the decision. There's nothing more you can do but wait, i'm afraid.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • diondion Member Posts: 31 Listener
    ok thanks again and sorry for driving u mad lol. it's just it's been going on since last September then I win appeal and get all worked up and breathed a sigh of of relief to be told there chalangeing it but i will let u no the outcome poppy. thanks u have helped x
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  • diondion Member Posts: 31 Listener
    Hello all I thought I would update u to my situation I still not heard from dwp not even a letter I called the tribunals Friday and told no statement of reasons requested as of then, called doe Monday told by the lady thay are deffo challenging it so I'm no nearer to finding out what's going on I got appointment with my key worker Friday to chase them up but it's been nearly 5 weeks now since I won appeal. Hope people can learn from this that the dwp don't have to agree with it and  can challenge it. Hope this post educates people on the new tactics dwp and seeming to pull now.
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  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Thanks for updating us @dion. From what we've heard from others it can take at least 5-8 weeks for a tribunal win to be put into payment. However, glad to hear that you're keeping on top of it with your key worker. Fingers crossed you'll have better news soon!
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  • diondion Member Posts: 31 Listener
    Just called tribural and told no statement of reasons asked for yet so called dwp lady told me all it says is decision to appeal put on my file and thay have till 16th October to respond and I will get a letter telling me what thay are gonna do but that's not good enough thay not saying why there going to appeal so still in the dark 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As they haven't asked for the SOR yet this most likely means they have until this date to request it. They still can't appeal without finding the error in law first.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    There is nothing you can do to speed this up so it’s best to just let it take its course.
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  • diondion Member Posts: 31 Listener
    Ok thanks mikehughesca hope thay hurry up im in debt up to my eyeballs and feel like giving up 
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    Do you have a debt adviser?
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  • diondion Member Posts: 31 Listener
    Na. no debt adviser but coz I'm on methadone I got the drug and alcohol team who's been helping with the whole process of my appeal and got appointment with them Friday so hopefully thay can find out more about what the dwp wanna do concerning my esa because it seems like I'm getting Palmed of every time I call them but thanks for everyone's help from the scope community I appreciate it 
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    The DAAT can do no more than you sadly. It’s a waiting game.
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  • diondion Member Posts: 31 Listener
    Hi everyone sorry to say nearly 6 weeks now and still no nearer to finding out what is going on with my esa. My drug worker called them Friday and he was told on my file all it says is going to challenge tribural win and that was the last entry put in it don't say why or no up dates so drug worker asked them for a call back to explain there self and he would call me to let me no what thay say, well it's now Monday afternoon and I still not heard nothing, sometimes no news is good news I hope so in my case. I'm going crazy worrying about the outcome and pray I  find out asap keep fingers crossed for me please people. Hope u all have a great day 
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    You aren’t going to hear anything. If they get the SOR and ROP and decide there are no grounds for appeal then you’d just get a payment out of the blue possibly followed by the award letters. If they decide to appeal further then you’ll hear nothing until you’re given a copy of the SoSs argument and a month to respond. 
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  • diondion Member Posts: 31 Listener
    I been told I will eather get a letter to say thay have grounds to appeal or to say thay have paid me and no feather action and no time scale so in a way your right so thanks for your response 
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  • mikehughescqmikehughescq Member Posts: 5,326 Disability Gamechanger
    “... in a way”.

    I’m exactly right thanks :)
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  • diondion Member Posts: 31 Listener
    If there's any benefit advice u could give me on what to do now because I Still not heard anything from dwp many thanks
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's really nothing more you can do but wait. The advice you received a couple of days ago is the same now.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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  • diondion Member Posts: 31 Listener
    Just wanted to say a big thanks to everyone who adviced me on here, I had good news today when I called esa this morning was overjoyed to be told that it was resolved on the 30th September and thay had paid all my back pay from sep 2017 I was overjoyed. Anyway anyone who is going though the same thing don't give up there is hope as u can see with my outcome. Anyway thanks again to u all x
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