Horrible Brown Envelope Arrived

mejjo203

Hi there everyone,

After lodging an appeal to tribunal in regards to my ESA i have today received a huge document titled secretary of states response,

After reading this i'm even more worried now as in this it states i request the tribunal to dismiss the appeal, Does this mean it won't go ahead and the DWP will just simply win this fight?

Just gets me so down reading through all of these seeing all the incorrect information and now the DWP are being sneaky enough to just tell the tribunal to dismiss it. Can they do this?

Hope to hear back,

Kind regards,
Michael.

richard9991

mejjo203 wrote: »

Hi there everyone,

After lodging an appeal to tribunal in regards to my ESA i have today received a huge document titled secretary of states response,

After reading this i'm even more worried now as in this it states i request the tribunal to dismiss the appeal, Does this mean it won't go ahead and the DWP will just simply win this fight?

Just gets me so down reading through all of these seeing all the incorrect information and now the DWP are being sneaky enough to just tell the tribunal to dismiss it. Can they do this?

Hope to hear back,

Kind regards,
Michael.

The bit about I request to dismiss this appeal is because You are appealing there decision perfectly normal in your submission you request to be put back on ESA with your reasons of why you thing the DWP are Wrong.

mejjo203

richard9991 wrote: »

The bit about I request to dismiss this appeal is because You are appealing there decision perfectly normal in your submission you request to be put back on ESA with your reasons of why you thing the DWP are Wrong.

Thank you for your reply,

I really do feel like just giving up, I don't know how much more of this i can take, The stress and worry of going to a tribunal, I don't cope well in circumstances like that

Mersey_2

mejjo203 - don't be down or put off at all by the wording. This is simply the process and that's standard wording. All it means is that the DWP/Govt oppose the appeal and they will probably just quote the relevant legislation.

It will be for the Tribunal to decide independently, after having read all of the facts including your submissons - and what you say on the day.

So it's nothing unusual or underhand - the DWP oppose 99% of Appeals; but, the good news is that most appellants still win at Tribunal.

As richard9991 suggested, you can respond to their submissions with "the Appellant's Response" ie your yours. TRy to get some legal advice from a firm of solicitors who deals with welfare law or the local CAB, if you haven't done so already.

I know that the wording can seem overwhelming, but it really is just standard stuff.

Mersey_2

Oh and the Tribunal isn't anything like a Court room.

It's very informal, with the chairman (who is often a deputy district judge) sitting one side of a table with a young admin asst taking notes of what is said. The chairman will be in a suit, not a wig or gown etc.

In 80% of cases the DWP do not send anyone to attend. The chairman will simply ask you a few questions to clarify your case.

Any other Qs feel free to ask, as I've helped 3 people with Appeals and all won.

Good Luck Michael.

tomtontom

Mersey wrote: »

mejjo203 - don't be down or put off at all by the wording. This is simply the process and that's standard wording. All it means is that the DWP/Govt oppose the appeal and they will probably just quote the relevant legislation.

It will be for the Tribunal to decide independently, after having read all of the facts including your submissons - and what you say on the day.

So it's nothing unusual or underhand - the DWP oppose 99% of Appeals; but, the good news is that most appellants still win at Tribunal.

As richard9991 suggested, you can respond to their submissions with "the Appellant's Response" ie your yours. TRy to get some legal advice from a firm of solicitors who deals with welfare law or the local CAB, if you haven't done so already.

I know that the wording can seem overwhelming, but it really is just standard stuff.

Around 40% of appeals are allowed, so more fail than 'win'.

OP please contact CAB, welfare rights, DIAL etc for help with your appeal.

Mersey_2

tomtontom - it depends on which category you look at. You're correct re ESA appeals for a given period.

Most still succeed against the DWP in the Social Entitlement Chamber. Indeed, it's as high as 87% of those appealing JSA decisions. Equally, only some 12% succeed at the Upper Tribunal. Although remember that many are allowed before they get to a hearing due to new information and some are discontinued.