[Stephen]

Originally Posted by nomadking

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.

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