Page 1 of 2 12 LastLast
Results 1 to 10 of 15

Thread: Tribunal Lapsed

  1. #1
    Senior Member
    Join Date
    Jun 2017
    Posts
    106

    Tribunal Lapsed

    Can the DWP lapse my ESA appeal just to send me for another assessment?
    I made a complaint about my initial assessment and CHADA upheld my complaint and said it was not carried out properly and the healthcare professionals manager has been informed. Today the DWP phoned me to say they have lapsed my appeal to send me to another assessment, then if I still dont get anywhere I will have to start all over again. Surely then I would not be paid assessment rate either as you only get that once. If the DWP can lapse appeals whenever they feel like then what is the point?

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,688
    By organising a second assessment he DWP have acknowledged your Complaint about your initial assessment, it wasn't fit for purpose, I wouldn't expect this to affect your payment of assessment rate until this second assessment has completed with a satisfactory decision (one way or the other).

  3. #3
    Senior Member
    Join Date
    Jun 2017
    Posts
    106
    I just do not understand how they can delay the process longer. In theory they could just keep lapsing appeals and I have no argument against it as they can just lapse appeals. My appeal is still valid as the DWP have not changed their original decision

  4. #4
    Senior Member
    Join Date
    Dec 2012
    Posts
    2,688
    You don't have a "Decision" because your assessment wasn't fit for purpose, hence the new assessment. Just as you have no Appeal, there is no Decision to Appeal.
    As I think I may have explained to you in another thread, you won't get a decision because they've done something wrong, you'll only get a decision because you've shown you meet the criteria for it.

  5. #5
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,077
    The DWP have not 'lapsed' your appeal, even though they will say that to save face it's not something that they can do.

    It is The court who has 'lapsed' your appeal, (not the DWP), because they could not rule any more than the DWP have already conceded.

    The DWP have caved in, withdrawn their defence, and told the court that they have conceded the maximum that the court could have ruled.

    In your case a new assessment was the most the court was ever going to rule - the DWP have conceded that and so they are actually saving you time by not continuing.

    If the DWP had not withdrawn then you would have had to wait for the tribunal, and then still have to wait for a new assessment.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  6. #6
    Senior Member
    Join Date
    Jun 2017
    Posts
    106
    I fail to see why I would need a new assessment Nukecad? or why the tribunal would have ordered that? I have more than enough medical evidence now and by consultant has said in a letter to my GP that the DWP are a perpetuating factor in delaying my recovery as they are causing me stress constantly. My Consultant also said that I am unfit for work and need a rehabilitative approach if I am to better, even then that may not work

  7. #7
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,077
    You need a new assessment because the old one was not carried out properly and was not fit for purpose.

    The tribunal court can only rule on DWP decisions, the only ruling they can make on a flawed assessment report is that it was not fit for purpose and that the assessment should be done again, properly this time.

    In this case the tribunal have not ruled anything, the DWP have conceded the assessment was not done within the law, and that it needs to be re-done correctly.

    It is not the tribunals job to do assessments, their job is only to rule if decisions have been made within the law.
    They can revise decisions if they were not made within the law, but they can't revise the assessments on which the decision has been made.

    So a new assessment has to be done, which could be either on paper or face to face.
    If as you say your evidence is now good enough then it should only need to be on paper.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  8. #8
    Senior Member
    Join Date
    Jun 2017
    Posts
    106
    The DWP are now saying that they cannot send me back for an assessment as it has already got to appeal stage. A manager is giving it to another decision maker to look at and they will either award me or send it back to tribunal. How can they go to tribunal with the only evidence from them being an assessment that they admit was wrong?
    They are just so shambolic. I am not even angry now, I am in a state of disbelief.

  9. #9
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    5,077
    So what they are now saying is that they are doing a new assessment, with a new decision maker.

    On paperwork, with no need for you to have a face to face.

    That was what you wanted wasn't it?

    And of course when you have had this new assessment, on paperwork only, you will still the right of appeal.
    I'm intelligent enough to know that I don't know everything.
    But I'm good at searching for, and finding, stuff.


    Migration from ESA to Universal Credit- Click here for information.

  10. #10
    Senior Member
    Join Date
    Jun 2017
    Posts
    106
    Yes Nukecad, that is what they are saying. What you wrote before though made sense and now they have decided that is not the case. I really do not think they have a clue what they are doing. The manager who rang me has actually given me her office number so I do not have to wait on hold and listen to bloody Vivaldi. None of it makes sense and it is really starting to get to me

Similar Threads

  1. Help! PIP tribunal win, but could be headed to 2nd tier tribunal.
    By Snowy in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 29
    Last Post: 02-06-2015, 09:50 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •