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  • FIRST POST
    • Sarah1212
    • By Sarah1212 14th Nov 19, 4:21 PM
    • 22Posts
    • 3Thanks
    Sarah1212
    Won my ESA Tribunal
    • #1
    • 14th Nov 19, 4:21 PM
    Won my ESA Tribunal 14th Nov 19 at 4:21 PM
    Hello. I was scheduled for my ESA Tribunal today (I did have a previous date but it was changed as they ended up scheduling it for a court in the city I used to live in rather than nearby)


    Before the hearing happened, I was advised the DWP Presenting Officer had decided to concede and so I didn't actually have to go before the Tribunal. I was awarded the support group and the notice says that the court recommends I'm not reassessed unless the regulations change.


    I'm wondering if anyone knows what happens now. My sick note ends on the 23rd so will I still need to send in another one? Also because the DWP conceded rather than the tribunal finding in my favour, will that speed up the process of having my payments increased to the support group rate? I read that the reason it takes so long is because the DWP need to decide if they want to appeal to the upper tribunal but surely if they conceded they have no intent of appealing?


    Thanks for the help
    Sarah
Page 1
    • WhenIam64
    • By WhenIam64 14th Nov 19, 4:35 PM
    • 918 Posts
    • 595 Thanks
    WhenIam64
    • #2
    • 14th Nov 19, 4:35 PM
    • #2
    • 14th Nov 19, 4:35 PM
    but surely if they conceded they have no intent of appealing?
    Nothing to appeal as there is no judgment to appeal.

    Others will be along to advise on what happens but it should be backdated AFAIK.

    Seems that DWP are taking a more pragmatic approach to these cases (for whatever reason) so it may be useful to others to know of your case.

    If anyone is in the same situation, they may wish to try to see IF the DWP will back down earlier than the day of the Tribunal hearing. All it takes is a letter asking them "not to contest". Happens regularly in other legal cases. Saves them time and cost if they make the decision early enough - which they should
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.
    • Sarah1212
    • By Sarah1212 14th Nov 19, 4:44 PM
    • 22 Posts
    • 3 Thanks
    Sarah1212
    • #3
    • 14th Nov 19, 4:44 PM
    • #3
    • 14th Nov 19, 4:44 PM
    Nothing to appeal as there is no judgment to appeal.
    Originally posted by WhenIam64

    I think there is a judgement still. I'm not really sure the specifics of everything. I was waiting for the hearing and speaking to the lady from the council's welfare rights team who was representing me and then she was called out of the room and when she came back she said the DWP presenting officer conceded and I don't need to see the tribunal.. I still got given a letter though telling me I'd be put in the support group along with the reason for the support group and things, and it was signed by the judge.
    • calcotti
    • By calcotti 14th Nov 19, 5:28 PM
    • 4,121 Posts
    • 2,784 Thanks
    calcotti
    • #4
    • 14th Nov 19, 5:28 PM
    • #4
    • 14th Nov 19, 5:28 PM
    I think there is a judgement still.
    Originally posted by Sarah1212
    Correct. If the DWP had revised the award prior to the tribunal that would be different. In your case they have decided not to contest and the tribunal has ruled in your favour and issued a Notice accordingly. That is therefore a judgement - which is good for you because it gives the DWP less room to wriggle.

    It can take six weeks or so for tribunal decisions to be processed by DWP and payment reinstated. Whether or not the fact the DWP decided not to contest will speed things up I don't know.
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