ESA Appeal won, however . . .

Poppycocteau

I won my ESA appeal on the basis that (in the words of the decision notice) 'the Secretary of State has failed to discharge the burden of proof on him to effectively notify the appellant of her conversion to Employment and Support Allowance.' This apparently means I remain entitled to Income Support, and they have to re-start the process of moving me onto ESA. I am supposed to receive a back-payment of Income Support. However, I got this letter this morning:

'I am writing to tell you that the Tribunal Decision made on 16th January 2013 may not be acted upon as the Decision Maker may appeal this to the Upper Tribunal. You will continue to be paid Employment and Support Allowance at the current rate until such time as the matter has been resolved.'

Has anyone else had one of these? Does it mean they definitely will appeal it, and if it doesn't what was the point of sending it? What will happen if the Tribunal Decision is overturned? Thank-you.

zzzLazyDaisy

These letters are fairly common. They have to be seen to be protecting the tax payers interests, so any decision that is unexpected or out f the ordinary is referred for consideration of appeal. They have 28 days to appeal, but they can only do so if their legal advisers take the view that the tribunal's decision was wrong in law - not that they just don't agree with it. Sit tight and see what happens, but don't get worked up just yet, most of these cases never do go to appeal.

miduck

No, it does not mean they will definitely appeal the decision. Very few are appealed to the UT, however very few appeals are won on the above basis, so that may make an appeal more likely. They should notify you further within a month or so.

Poppycocteau

Thank-you both very much for the information - it was an unexpected decision for me too. I wasn't even aware of the fact that the DWP didn't send me all of the information that they were supposed to until my Welfare Rights Advisor pointed it out just before the tribunal. They didn't even get to considering my disabilities because the first thing the Advisor said to the Tribunal was that I wasn't sent a particular letter. They questioned me about whether or not I remembered receiving said letter, then I was sent back out to the waiting room and a few minutes later was sent a decision notice.

Poppycocteau

I still haven't received any information - is this usual?

Horseunderwater

Have you had your money as you have not posted on this since January?
If you want a copy of anything DWP hold on you - you can obtain it via a Subject Access request - you need to download this form to your PC and then print it off and send it in. The SAR is free, so it will cost you the paper an envelope and a stamp. You send it to your local Job centre who will send it onto the correct DWP department that you put on the form, which should be on any letter you have from DWP.

zzzLazyDaisy

As Horseunderwater said - you posted this back in January. DWP had 28 days to appeal the decision, so they are out of time for appealing now.

More importantly, what is happening with your money? Did you remain on IS?

Horseunderwater

Information can be requested via a subject access request. Click on link: https://www.gov.uk/government/publications/dwp-request-for-personal-information and this will take you to a page where you can download and print off the right form. It is the top one that you need. It is free to do (DWP do not charge) and will cost you an envelope, stamp and the paper to print it off. One large letter 2nd class stamp will cover it. 69p.

Poppycocteau

I have been left on the ESA assessment rate, and they're appealing the decision that I should receive backdated IS and be put back on IS until such time as they reassess me for ESA.

Thank-you for the information about the form - I will do that x.

zzzLazyDaisy

Poppycocteau wrote: »

I have been left on the ESA assessment rate, and they're appealing the decision that I should receive backdated IS and be put back on IS until such time as they reassess me for ESA.

Thank-you for the information about the form - I will do that x.

Have they actually informed you that they are appealing to the Upper Tribunal? This is a formal legal process, so you should have had corresspondence from the Upper Tribunal about this.

This is a fact sheet for claimants about how to appeal to the Upper Tribunal, but the process is the same if it is DWP that are appealing

http://disabilityrightsuk.org/appealing-upper-tribunal-against-first-tier-tribunal-decision

Poppycocteau

No, they haven't - I got a letter saying that they might appeal it, and then heard nothing else. The welfare rights people at the Autism Resource Centre (I have Autism) said that I should just wait, but I feel that there's something I'm not being told. How can it possibly take this long?

Thank-you for the link.