Dwp appeal decision changed but now told letter was a mistake

[Sherbertshelly]

Hi all, I'm new here so please be nice as I've never written on a forum before. I'm more than confused and panicking at the mo, long story, I had a medical last April for my ESA for long term sickness, I got 6 points so lost the ESA, I appealed and was getting advice from shelter, of course the funding has now stopped for shelter. 1st I apparently didn't make an appeal and then it was excused as a mistakenly sent letter, I had a call on 4th of feb with I think was a desision maker who was very nice and asked a few questions to clarify a few things, a few days later I get a letter saying I won't be going to tribunal as the desision has been changed in my favor, nothing else just it's changed, 7 weeks later I've still heard nothing so start trying to find out what's happening, a week of calls and the tribunal services phone and say they've only just had my file come up, no change of decision has been made, I've got to go to tribunal and the 'decision change' letter was an automated letter. I'm so confused and really don't know what to do, I really can't take it anymore, do I just throw in the towel?

Any advice would be great

[time4change2]

id call the DWP back up and get them to send you out a copy of your new ESA award letter or ask to speak to the decision maker that made the new award or your ESA

[Sherbertshelly]

Hi, firstly thanks for your reply, not so awkward having no replies!! the problem I was never sent a new ESA award, every time I've rang I get passed from pillar to post and told there's nothing on their system showing up as yet, I was told last week it's apparently now taking 8 weeks for any changes to show up, I don't know what to believe anymore!!

[stu007]

Hi

 

Have a read of this DWP Link: http://www.dwp.gov.uk/contact-us/complaints-and-appeals/

[**Margaret**]

:Sherbertshelly:

 

Know how you feel. Less than twelve months since I was driven to work out how to join CAG cos I needed some support to secure an audio record of an Atos assessment. But that's another story ......

 

Apologies that you're short on replys. It's cos something has very clearly gone very pearshaped and the resultant senario will be outside the experience of some contributors. And the rest of what I'm going to write is a shot in the dark.

 

Personally, I'd start with your regional office of the Tribunals Service as it's usually acknowledged that 'Tribunal Services files ...... the most up-to-date and accurate record.' List at;

 

http://www.justice.gov.uk/contacts/hmcts/tribunals/social-security-and-child-support

 

The Tribunals Service will be able to tell you whether they're holding a live appeal against a Jobcentreplus decision that you don't have limited capability for work or dependent on your answers to the following questions, whether they've been asked to decide if your appeal is admissible.

 

'I appealed'

 

Via letter which included the word 'appeal' or GL24 appeal form?

 

Within one month of the ESA65 disallowance notice?

 

Have you applied for/received any assessment rate employment n suport allowance since receipt of the disallowance notice?

 

If you've not seen one before the following booklet may be informative;

 

http://www.dwp.gov.uk/docs/gl24dwp.pdf

 

Even Jobcentreplus don't normally take eight weeks to process their own dsecisions. I'm wondering if they think your appeal was out of time or not duly made.

 

Hope that what I've written gives you a clue where to start, but it's only a guess. Should Jobcentreplus be the cause of the confusion, you may be intertested in;

 

http://www.dwp.gov.uk/docs/dwp1018.pdf

 

Best wishes, Margaret.

Edited March 28, 2013 by **Margaret**