won appeal what happens now

Hi
I tried to submit a reply about 15 mins ago not sure if it worked
can you tell me if you received anything from me ?
Thanks

tim68 wrote: Hi
I tried to submit a reply about 15 mins ago not sure if it worked
can you tell me if you received anything from me ?
Thanks

Hi t68,

Having checked, this is the last post that we have from you :

www.benefitsandwork.co.uk/forum?view=top...00685&start=6#119441

bro58

HI
I have taken your advise since my last post and the CAB have told me to write to the DWP and ask for a "supersession" in relation to the judges ruling & not to go back to the tribunals service does anyone know what a supersession is ?

tim68 wrote: HI
I have taken your advise since my last post and the CAB have told me to write to the DWP and ask for a "supersession" in relation to the judges ruling & not to go back to the tribunals service does anyone know what a supersession is ?

Hi t68,

A supersession is basically a review of a current decision.

If the current decision is changed at review/supersession, the superceding decision will take effect from the date of the fresh decision.

When a Tribunal or DM changes a decision as the result of a Mandatory Reconsideration/Appeal, this decision is backdated to the time of the adverse decision MR/Appealed, and not just from the date of the decision.

bro58

If it was a decision made by a tribunal do I still ask the DWP for a supersession or do I have to apply to the upper tribunal services

tim68 wrote: If it was a decision made by a tribunal do I still ask the DWP for a supersession or do I have to apply to the upper tribunal services

Hi t68,

The DWP will not change the decision made by The TS.

To request a review/supersession by The DWP, you will need to show that your medical condition has changed or you now suffer from different medical conditions.

This will probably involve you obtaining fresh evidence to prove this, in that your resulting limitations have changed/increased.

It may also involve a new ESA50 being issued and a fresh WCA process.

i.e. You can not simply request that the DWP "supercede" the TS decision, without the above.

The only way that you can appeal The TS FTT decision to The UTT is if you can prove that they have made an "error in law" in coming to their decision.

The first step in this process is to request a written Statement of Reasons from the TS within one month of the date of the Decision Notice that the TS should have provided for you.

See :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Appealing to The Upper Tier, DR UK Factsheet

bro58