first tier tribunal dwp now barred - Fibromyalgia Acti...

Fibromyalgia Action UK

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first tier tribunal dwp now barred

simon1105 profile image
2 Replies

hi all just received a letter from appeal judge regarding appeal for esa stating that after my appeal was placed on 15/02/2019 and up until the 17/04/2019 there had been no response from the dwp and has now barred them from taking place

my question is what happens now?

the reason for appeal in the first place was that the person who had done my medical had lied several times throughout the examination

a quick brief medical history

im a 52 year old male

i suffer from disc degeneration of lower lumber region (after severe car crash when i was hit by a police car on a blues and twos call out ) i now have to use a stick to walk can now no longer work (was working in security) in constant pain can walk around 50 yards before having to stop to take a break from being in agony

i also suffer from COPD recently diagnosed

Osteoarthritis in both shoulders and awaiting hospital appointment for injections and or the bones shaving date is set for october typical nhs waiting time

has anybody else gone through this sort of appeal where the dwp cant even be bothered to reply to an appeal

just as a footnote i receive both pip standard rate and get carers allowance have a blue badge and before i was moved to universal credit was getting esa but had to retake a medical

any advice would be great as ive never been in this situation before

thanks

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simon1105 profile image
simon1105
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2 Replies
FRreedman profile image
FRreedman

Under normal circumstances, in a court of law, if you are barred from defending an action (claim), then the claimant, in this case you, 2n on all points submitted and requested. You should receive a letter from the court, upholding your appeal, and advising you of any further actions you need to take.

Dozyrosie75 profile image
Dozyrosie75

If you don't receive a response from the dwp to state any objections,your appeal should go ahead.

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