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Withdrawal of appeal

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My husband was placed in WRAG group for the second time in May 2013. He decided to appeal, decision was upheld and he has since had 2 tribunals both adjourned. The last one advised him to get legal advice as she didn't think there was enough evidence to continue paying ESA at all. Our legal adviser has let us down somewhat, despite having plenty of notice and being emailed the whole bundle of papers back in August, he only went through them (allegedly) on 5th December then advised us to withdraw the appeal immediately as he wasn't confident of retaining ESA (despite telling the Mental Health advocate at an earlier date it was simply a question of getting him moved to Support Group). We emailed the Tribunals people and received the automated response on 6th December. We have since been waiting for official letter stating the tribunal would not be going ahead - tomorrow - but despite 4 phone calls to them we still don't have confirmation it has been withdrawn. The last phone call I was told that instead of the request to withdraw being seen by a duty judge, the last judge at the tribunal asked for it to be specifically she who was contacted should we wish to withdraw. Our legal advisor is at a loss as to why, I have searched many places and can find no other examples of this happening. Can anyone shed any light on why she would insist on being contacted? My husband is in no fit state to be able to attend the tribunal tomorrow, unless I hear I shall be going to the court alone just in case it is heard in his absence for some reason. (It does involve a 3 hour round trip). Any ideas?

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You should be able to withdraw the appeal if the judge has advised you do that and allows it - probably why they asked that any request goes to them.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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