As a result of advice from those in the know on here I recently re instated my appeal within the correct time frame. My appeal was to be placed in support group for ESA instead of the WRAG group. Just opened a letter today to say the Duty Judge has ruled that the appeal cannot go ahead. The last sentence states "You cannot appeal against this decision".
What are my options please?
..in the first instance I thought everyone has a right to appeal, at least that is what it says in my leaflet I just fished out that says " what to do if you think our descision is wrong", I would be going to citizens advice or get someone who understands the law( they should have someone they can get in touch with to find out if this is lawful, and also the dwp would have to write to you pointing out accurate and detailed reason why you can't appeal, not just say you can't and that is that , or get in touch with a welfare rights person (citizens advice could probably help with that or your local council) but it sounds to me that saying you can't appeal and leaving it as that is not the correct procedure, in fact I would fight against this if I were you as I don't think they can do that in the first instance, but they are good at thinking they are above the law, I s'pose if they send a few "you cannot appeal" letters out and people think that is correct and don't challenge it ,think how much money they save by not paying you and also not paying for a tribunal...so do whatever you can about this ...
Thank you. I intend to seek advice asap from citizens advice. I keep reading all my paperwork and I am sure I have the right to appeal. I will keep you updated.
You say you "reinstated your appeal" what happened the first time? If this is an appeal to a 2nd tier tribunal, you must show that the 1st tier tribunal did not apply the law correctly for it to be accepted by a 2nd tier tribunal.
It is the first tier appeal. What happened was I appealed and then got a phone call from some woman from DWP who basically told me I would not fit the criteria for the support group and so I withdrew my appeal. When they acknowledged my appeal, the letter gave me the option to change my mind by a certain date and all I had to do was write to the tribunal service to express my wish to have the appeal reinstated.
However, todays letter from the tribunal service stated that the duty judge has decided I cannot appeal.
OMG! this is ridiculous, never and I mean never take any notice of a voice on the end of a phone. I am pretty sure it is against the rules for DWP staff to contact claimants like this by phone.
The correct procedure for DWP staff is to write a letter which is automatically logged on the system under your details. Once it goes on your record, it can never be changed by staff at the DWP.
Basically the DWP has to access this system to contact you, and each login is recorded in a central database, so any funny business can be traced. That is how secure the system is. Your details are secured in the same way a bank account is, and any official business relating to you is recorded, not only that, the person accessing your details has to have permission to do that.
Having said that, I can't figure out what has gone wrong here, I am guessing it must be something to do with withdrawing your appeal and sending it in again, only when you sent it in again a judge decided not to accept it as more than a month had passed.
Normally when you submit an appeal, a tribunal decides the outcome. You get a letter explaining why you won or lost, then you know where you stand.
sorry I thought it was your first stage of appeal, mrs tiggiwinkle, if you have already appealed to a lower tribunal, esagestapois is right you can only appeal to a second tribunal on a point of law only,
unless you go to your g.p get his backing then see if he will write a letter for you to send to dwp expressing that he does not feel you are fit to work...
Please see my reply to esagestapo above.
Hi Mrs Twiggwinkle,
You will need to apply to the statement of reasons and also the record of the proceedings which will give you a complete analysis breakdown of the hearing proceedings. This MUST be done within 4 weeks of the date of the decision. Once you receive these documents you will need to look for an error of law within proceedings. Should you have any difficulty looking for the error of law please feel free to message me and i will be only too happy to help you further and look through them as well.
Regards,
Liam Carter
Senior Case Manager
My Benefit Claim
This is so complicated I could scream ! I very much appreciate your offer of help and may well take you up on it Thank you.
your very welcome its just a matter of taking your time getting the appropriate documents from them and sitting down and taking your time reviewing the contents but please remember you must ask for any documents within 4 weeks of the date of decision after that your chances are pretty slim
Liam Carter
Senior Case Manager
My Benefit Claim
I have my esa appeal january 25th was wondering if there is any advice any fm suffers that have been through the esa appeal can give me,
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