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won ESA appeal, however DWP are appealing

  • samakr
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11 years 1 week ago #121204 by samakr
Replied by samakr on topic won ESA appeal, however DWP are appealing
Thank you very much for the guidance I wouldn't have come this far without this forum

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11 years 1 week ago #121205 by Gordon
Replied by Gordon on topic won ESA appeal, however DWP are appealing

samakr wrote: Thank you very much for the guidance I wouldn't have come this far without this forum


No problem.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • samakr
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10 years 11 months ago - 10 years 11 months ago #122094 by samakr
Replied by samakr on topic won ESA appeal, however DWP are appealing
Hi,

I received a letter from the tribunal today: regarding the dwp request for a statement of reasons for the tribunal's decision of ××/04/14 they sent me a copy.
I can't write all the reasons because it's too long but they confirm that:
_ the law was correctly stated and accurately applied in the decision - maker's submissions which the tribunal adopted as part of the reasons for allowing this appeal
-the tribunal found that this appellant had a limited capability for a work - related activity so as to be placed in the support group of claimants under schedule 3
- by virtue of reg 35 exemption, the appellant was found to have a limited capability for work - related activity. In reaching this decision the tribunal had regarded to the terms of the employment and support allowance regulations 2008. By a unanimous vote the appeal succeeded.
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #122105 by Gordon
Replied by Gordon on topic won ESA appeal, however DWP are appealing
Samakr

There should be a covering letter with the SoR, the DWP will have one month from the date on it to submit an appeal, if they do, you will receive a copy of their case and will have an opportunity to argue against it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: samakr

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  • samakr
  • Topic Author
10 years 11 months ago #122112 by samakr
Replied by samakr on topic won ESA appeal, however DWP are appealing
Hi Gordon

Yes they sent a covering letter with it,
It's a real nightmare. Stressful situations. I get palpitations when I see the brown letter I am scared to open it

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10 years 11 months ago #122113 by Gordon
Replied by Gordon on topic won ESA appeal, however DWP are appealing

samakr wrote: Hi Gordon

Yes they sent a covering letter with it,
It's a real nightmare. Stressful situations. I get palpitations when I see the brown letter I am scared to open it


You and several million others :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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