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ESA lapse
lizimuffin
Posts: 151 Forumite
Hi there, just wondered is any of you lovely people will be able to help.
My Mum has been going through the motions of an ESA appeal to move from the WRAG to the support group. She had her Tribunal earlier this week (8th Nov) When we arrived the Clerk of the court said they had received a phone call saying that the appeal had gone in my mums favour. Fantastic!
I rang the ESA helpline on the same day and they confirmed that she had indeed been put into the support group but the reason was that the appeal had lapsed on the 2nd Nov. They told us that the appeal has a certain length of time to be sorted and that the final date was the 2nd Nov. Now, this made mum really worried as she is thinking she had got the decision overturned on a technicality and was worried that they are going to make her go through the whole process again. However. when I've done a bit of digging it seems the term 'lapsed' means that the DWP have overturned the decison before it got to the tribunal.
So, I'm really confused, has anyone else had this issue or does anyone know what the term 'lapsed' means??
As to why they didn't get in contact with her after the 2nd is anyones guess but we are complaing to ATOS and the DWP about the treatment my Mum received ie the medical report being completely fabricated and bearing no resemblance to the medical we went to!
Thanks again!
My Mum has been going through the motions of an ESA appeal to move from the WRAG to the support group. She had her Tribunal earlier this week (8th Nov) When we arrived the Clerk of the court said they had received a phone call saying that the appeal had gone in my mums favour. Fantastic!
I rang the ESA helpline on the same day and they confirmed that she had indeed been put into the support group but the reason was that the appeal had lapsed on the 2nd Nov. They told us that the appeal has a certain length of time to be sorted and that the final date was the 2nd Nov. Now, this made mum really worried as she is thinking she had got the decision overturned on a technicality and was worried that they are going to make her go through the whole process again. However. when I've done a bit of digging it seems the term 'lapsed' means that the DWP have overturned the decison before it got to the tribunal.
So, I'm really confused, has anyone else had this issue or does anyone know what the term 'lapsed' means??
As to why they didn't get in contact with her after the 2nd is anyones guess but we are complaing to ATOS and the DWP about the treatment my Mum received ie the medical report being completely fabricated and bearing no resemblance to the medical we went to!
Thanks again!
0
Comments
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The DWP have teams working in some, don't know which, Tribunal centres reviewing appeal documentation prior to the hearing, if they believe they would lose the hearing, they are often making a Revision in favour of the claimant and lapsing (cancelling) the appeal. Given the speed with which the DWP work when conveying good news, I'm not surprised that you weren't told until the day of the hearing.0
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Cpt.Scarlet wrote: »The DWP have teams working in some, don't know which, Tribunal centres reviewing appeal documentation prior to the hearing, if they believe they would lose the hearing, they are often making a Revision in favour of the claimant and lapsing (cancelling) the appeal. Given the speed with which the DWP work when conveying good news, I'm not surprised that you weren't told until the day of the hearing.
This was the reason that sprang to mind to me too. I have never heard of a case lapsing and the claimant in effect getting a default judgment.0
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