Re: The state benefits system mega-thread. Many merged.
 

Its for 2 years. Which is fine. My conditions will be worse by then anyway.

Re: The state benefits system mega-thread. Many merged.
 

Fantastic news Stephen :)

Re: The state benefits system mega-thread. Many merged.
 

It does make you wonder what you'd get if you did go for the tribunal.

Please for you though that you got a result.

It's been 9 weeks since I've sent my form in and still waiting to hear back. Though I did send in 39 pages of supporting medical evidence, 8 pages of addition information, 5 pages of a personal letter from my wife and a few photos.

Re: The state benefits system mega-thread. Many merged.
 

As you're the one that requested the appeal. doesn't that mean you are the only one that can withdraw it? The DWP can concede an appeal, but the appeal still goes ahead even if only a paper hearing to agree with the DWP conceded decision .


Bear in mind that if you do go ahead with the appeal to get more, the Tribunal also has the power to remove any existing award.

Re: The state benefits system mega-thread. Many merged.
 

No they can notify that an agreement has been reached.

---------- Post added at 21:53 ---------- Previous post was at 21:52 ----------

I know, so relieved really.

Re: The state benefits system mega-thread. Many merged.
 

The appellant would still have to notify the Tribunals Service as to whether they agreed with it. The general principle in any legal or quasi-legal(eg benefits Tribunal) situation is that only the party bringing the claim/appeal can stop it. The DWP are the "Respondents" in this process.

I recently had an odd situation with an ESA appeal. The appeal process of a previous ESA claim and gone through without success and went further to the Upper Tribunal which decided on a rehearing. At the rehearing the Tribunal was cut short with them deciding in my favour.

In the meantime I had reclaimed ESA(it can be done but it is tricky and indeed risky) and was turned down. I queried what would happen if I informed the future Tribunal of the rehearing a few months earlier? In the end the Tribunal hearing went ahead and the DWP sent a Presenting Officer. I walked into the room and the decision was on the table. They had come to a decision without seeing me, and the DWP were going to concede anyway.

Didn't have to go through the appeals process for PIP. It was awarded at the Capita assessment stage and it helped with the ESA Tribunal hearings.

Re: The state benefits system mega-thread. Many merged.
 

A 8am phonecall this morning asking for my daughter, turned out to be the ESA assessor asking her to arrive 40 minutes early tomorrow (through rush hour traffic).

This is a known tactic to see if you can change plans at short notice.

However, the contact should have been via myself as I am her appointee. But it's too late now. She has already fallen into one of their traps.

Re: The state benefits system mega-thread. Many merged.
 

Arrive late proving otherwise then !

Re: The state benefits system mega-thread. Many merged.
 

So, has their "trap" proven that your daughter can change plans at short notice and what are the ramifications?

Re: The state benefits system mega-thread. Many merged.
 

They know that I, as her Carer and appointee, will be taking her there by car. I wrote so on the forms they issue after the assessor for my son wrote that he told them that we arrived by car. But we both told her that we came by bus.

Catch them in one lie, and all other statements by them are therefore suspect.

And the Tribunal agreed.

---------- Post added at 17:41 ---------- Previous post was at 17:39 ----------

Arrive late, assessment cancelled, ESA can (and often is) suspended, even with very good excuses and proof.

Re: The state benefits system mega-thread. Many merged.
 

Sorry Taf, I'm not sure why it matters that you traveled by car or bus but I won't bother you with (any more) banal questions :)

Re: The state benefits system mega-thread. Many merged.
 

I'll call the tribunal service tomorrow and check with them to be sure.

Re: The state benefits system mega-thread. Many merged.
 

Can't harm to withdraw your appeal stating why, as the issue has been settled to your satisfaction.

Re: The state benefits system mega-thread. Many merged.
 

By bus: able to navigate on public transport, offer correct change, not affected by crowds, able to understand and read timetables, able to accept changes caused by delays, able to step up to enter the bus and step down to leave it.

By car: able to drive independently and safely, navigate and comply with the rules of the road... or... able to enter and leave a vehicle as a passenger, not suffer from anxiety or other distress as a passenger.

There are other indicators they look for, but these are the main ones IMHO.

Re: The state benefits system mega-thread. Many merged.
 

Thanks Taf.