ESA APPEAL

Dibbles wrote: Hi all.

Request from DWP for posponement of tribunal pending outcome of upper tier tribunal decision in CE/366/13 and CE/705/13.
Anyone know when these cases are to be heard, and any information on them please.

Abi.

I cannot find whether these cases have been heard yet, but if you have been informed that the DWP have requested a postponement then I assume that they have not.

From what I can find both of the cases revolve around DWP procedures in making an ESA Decision.

Basically the claimants in these cases are contesting that an ESA Decision for the WRAG where the Decision Maker does not identify how the claimant met the criteria for the WRAG, we have seen this frequently on the forum, is unlawful and the claimant is entitled to remain on their previous benefit while a new transfer is carried out.

If you case is affected then it sounds as if the Decision on your claim maybe equally undocumented.

Obviously if the court finds in favour of the claimants this may undermine a significant number of ESA Decision, there are also implications in regard the time limiting of ESA(CB), so I expect the DWP to take this to the highest level court if necessary. If they do this may further delay your own case.

I will try and find more information on this and post to this topic if I can.

Gordon

Dibbles wrote: Thanks for your reply Gorden. My appeal is, I was placed on Wrag, trying to for support. Moved off IB did not have medical. When I phoned to ask how many points scored, they said they do not score points when the evidence is taken from esa50 along with other evidence I provided.

Abi.

This seems to be at the heart of the problem, in the majority of cases (excluding the Exceptional Circumstances), a WRAG award can only be made if the claimant scores points and at least 15 of them.

Gordon

Dibbles wrote: Hi,

Has anybody heard any more about cases CE/366/13 and CE/705/13. Can't find any information on them, got my tribunal in three wks.

I have had a quick look and there appear to be no updates, neither case has been published on the Tribunal Service web site, however, there is reference to a third case.

www.osscsc.gov.uk/Aspx/view.aspx?id=3819

but without reference to the other two cases I can't offer any advice as to the relevance of this additional case to the first two.

Gordon