Esa appeal

Hi all, I'm new to this forum, so be kind. I have been receiving what was incapacity benefit for nigh on 14 years now until an ATOS medical deemed me fit for work. I went through the mandatory reconsideration but it was upheld, so I appealed. I couldn't claim JSA as I'm not fit to work so I am really struggling. Finally, the letter came from HMRC in December to say appeal had been logged which meant I could go back on ESA at appeal rate while waiting for appeal to be heard.the ESAa had until January 11th to reply to HMRC. I just called the ESA office to see if they had received my sick note(a new concept for me as I'd always been in support group) to be told that today a new note had been put on my records saying my benefit had been reinstated and Backdated id been put in the support group for 2 years. This is music to my ears, however, the agent I spoke to couldn't believe appeal had been heard so quickly and this is normally the only reason it would have been reinstated. Has anyone else come across this? I'm flummoxed. Would an appeal be heard without anyone present? Any insights greatly welcomed. Kindest regards, T.

Hi,

Welcome to Benefits and Work

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There is no way that a Tribunal could have had a hearing regarding your appeal (even a paper one) without you receiving prior notification from The Tribunal.

Further, whenever a Tribunal makes a decision on an appeal they have to issue a written Decision Notice to The Appellant (you) and The DWP.

Unless the ESA Call Responder, (because that is all they are) that you spoke to in the Call Centre has given you errant information, (and that is not beyond the realms) the only other thing that could have occurred is that The DWP ESA Appeals Officer has had another look at the evidence after your appeal was lodged and accepted by The Tribunal Service (TS) and has decided that you should have been placed into The SG.

If this is the case, then your appeal will have lapsed, and The TS should be aware of this.

You could contact them to confirm this.

You could also re-contact The ESA Call Centre, (the earlier in the day the better) and request an escalation and a call back from a Supervisor/Manager.

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA.

If a decision to place you into The SG has been made, you are entitled to a written Decision Notice letter from The DWP confirming this.

Please keep us updated.

bro58

I did call again and spoke to another agent and she read the exact same message :my claim has been reinstated and back dated to October , which is when I first failed the ATOS medical. She again couldn't tell me why so the DWP are going to call me tomorrow morning. I did forget until now that I received a letter from DWP dated 2 jan saying I wouldn't be paid as I haven't paid enough contributions. The agent said it was computer generated and not to worry as I am now in support group again. It all seems very odd. Don't get me wrong. I hope to god it's right and I don't have to go to an appeal, but it all seems rather odd. I hope what you suggested has happened, I was very surprised that they upheld their decision upon MR as I had supporting evidence from my gp and specialist, so maybe they have overturned their decision. Here's hoping!! Thank you for your advice.

Hi, I had the call fri DWP today. They explained that the appeal has lapsed and agreed they made a mistake so have overturned ATOS decision. I have had my ESA reinstated and placed in support group for two years. I am smiling from ear to ear. The thought of having to attend a tribunal had been weighing heavily on my mind. Thank you so much for all your advice.

Kind Regards

Thosabine wrote: Hi, I had the call fri DWP today. They explained that the appeal has lapsed and agreed they made a mistake so have overturned ATOS decision. I have had my ESA reinstated and placed in support group for two years. I am smiling from ear to ear. The thought of having to attend a tribunal had been weighing heavily on my mind. Thank you so much for all your advice.

Kind Regards

Hi T,

That's Great News !!!

Thanks for letting us know !!

You should receive written confirmation of The SG award, and can insist on it if you don't.

Cheers !

b58