won ESA appeal, however DWP are appealing

samakr wrote: Hi everyone I had won my ESA appeal 2 weeks ago to be placed in support group, from a tribunal, however today I received a letter that the DWP are appealing against the tribunal decision, and I have no rights to appeal against their decision.
Can anybody provide me with suitable information or advice on this matter please.

Thank you very much.

I am afraid that in the same way that you could have, if the Tribunal had found for the DWP, the DWP are entitled to appeal the Decision, such an appeal can only be made on the basis that there was an Error of Law in the proceedings

What is an Error of Law?

A first stage to this is for the DWP to request a Statement of Reasons from the Judge, unfortunately this often takes several months to arrive.

Once the SoR is received they have one month to lodge an appeal, it may well be once they have received the SoR that they will not proceed with the action and will accept the Tribunal Decision and action it.

If they don't then the process is the same as it would be for you, the DWP will make an application to the Judge of your Tribunal to Set Aside the Decision because of an Error of Law, the Judge may agree or he may not, if he doesn't then the DWP can apply directly to the Upper Tribunal for a hearing to determine whether there was an EofL.

You will receive details of all the proceedings and can respond if you believe that there was not an Error.

If the appeal is upheld then a new First Tier Tribunal hearing will be convened to re-hear your case with a direction to avoid the EofL, this could very well find in your favour again.

Gordon

samakr wrote: Thank you Gordon

I was first awarded zero point from atos; I appealed and won the appeal and was put in the wrag. And I appealed again to be in support group and the appeal was allowed.

In the mean time will I remain in the support group or will this be effected ?

I am a bit confused by you description of events.

If you were initially awarded zero points and were placed in the WRAG by a Tribunal then you can only appeal that Decision because there was an Error of Law. If a further appeal has been accepted without a new Decision having been made on your claim, then the DWP's challenge to this latest Tribunal Decision is likely correct.

If you appealed a new Decision on your claim, then you will remain in the WRAG until the DWP accept the Decision to place you in the SG.

I hope this makes sense, but if not please reply to this post when the forum re-opens this eveing at 8pm.

Gordon

samakr

Thank you for providing the extra information on your claim, it makes more sense now

I am afraid that you remain in the WRAG until the DWP accept the Tribunal Decision to place you in the SG or a new Tribunal makes a Decision on your appeal, as I said in an earlier post, the DWP stating their intention to appeal does not mean that they will, or that their appeal will be accepted, but I have to warn you that this is unlikely to be resolved for at least several months.

Gordon