Tribunal. The end. Hopefully

Received in the post, 22 hours after I left the court....


The appeal is allowed

The decision made on 05.03.2013 is set aside

The DWP on 05.07.2013 were directed to say why the Appellant’s letter of appeal was not treated as a request for supersession and to provide a copy the ESA85. The DWP have not complied with these directions.

The DWP were put on notice that the appeal letter could not be treated as a supersession request and I now so treat it and, given that the Appellant is considerably stressed by the time it is taking to resolve his appeal, I am today determining the supersession issue.

The Appellant was a credible witness and today provided me with a bundle of medical evidence confirming that he suffers regular petit mal seizures and very frequent ventricular ectopy. Both conditions are disabling and I have conducted that the Appellant by virtue of Regulation 35 is to be treated as having limited capability to work-related activity by reason of his conditions on the ground there would be substantial risk to his physical health if he were not so found.

And so there it is. I think I win. Now to start the process of making somebody accountable for this, frankly ludicrous and long drawn out shambles...

30 Replies

  • So which group would that put you in? Thank goodness it is finally finished!

  • As yet, I have no idea. Although it was verbally confirmed that the tribunal was in response to my appeal at being removed from the 'Support Group'.

  • Fantastic Andy, so pleased the right decision was made so sorry you were put through the wringer xxxx Janet

  • Thanks Janet. I wont consider myself out of the woods however, until I hear from the DWP and see where it leaves me financially

  • well done

  • Looks like you're almost there, Andy. Hope the DWP will jump to it now.........before getting their legs thoroughly slapped. Good luck. xx

  • I hope someone gets more than their legs slapped! Thanks x

  • Great News at last, i think i am half way through my appeal (my O.T. support worker and carer have done all the hard work) Just waiting to hear back if we have to go to tribunal or not.Will let you know. Best Wishes

  • Keep plugging away, knocking on doors... Good luck

  • well done mate, hope they haven't any more surprise's for you?.

  • Thank you kindly!

  • Excellent! although she should'nt have been in that situation in the first place.

  • I quite agree!

  • Sorry you have been put through all the stress of this - disgraceful! I hope things will soon be sorted and you can get on with your life without having this constantly on the back burner. Kind regards.

  • Cheers! Thanks very much

  • great news , hope all gets sorted out quickly now.

  • Thanks! Best wishes

  • Unfortunately, I allow for the possibility that, unless the judge's "Strongly Worded Diplomatic Note" gets translated into "Gunboat Diplomacy" for Somebody Senior, you may find your case being further handled by those suffering from the disability known as Heel Dragging.

    Good result, though, and I hope it can be useful for others in a similar plight.

  • Oh, trust me, I'm prepared for a very long wait...

  • Well done!

  • Thanks very much! Take care

  • Excellent news! Well done!

    I have my tribunal on Wednesday, and I too will be looking to make someone accountable for this debacle.

    I will start with the fake HCP, and then the non existent 'decision maker', but ultimately Idiot Duncan Smith has to be accountable for all of this, quite why they cannot leave us alone I don't know.

    And if the DWP are as lethargic to pay you as they are in seeing common sense, then there is always the 'small claims' court you can use, because I for one will definitely be using it if they continue dragging their heels!

  • Thanks! As I've said before, contact me ANY time to compare notes if you wish...

  • Well done. I'm no longer a tax payer, but it was a disgraceful waste of taxpayers money and it would be interesting to know the full figure.

  • Well, quite!

  • Great news Andy!

  • Great news!

  • It is indeed! You take care

  • Good news indeed!!

  • Well done and lets hope this a beginning of a domino effect

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