Hi can anyone please help, i have a client who failed PCA last June, claimed reduced income support until Nov 2009 then claimed ESA while appealling IB, Client won appeal March 2010, but before IB put back in place, Client failed ESA medical, so we appealled ESA decision while IB was being sorted, in the hope that we could withdraw ESA appeal once IB back in place,
Client has now been told that she has to claim ESA and IB and that she has to continue with her ESA appeal which is having a significant affect on her mental state.
Client has also rec'd IS forms to be completed.
Pleeeeease Help.

She has to do nothing of the sort. She can unilaterally withdraw her appeal at any time right up until the time that the tribunal convenes, after which she will need the consent of the tribunal (tribunal rule 17).

The DWP just don't get it do they? The idea that the state could compel a citizen to pursue an appeal in exercize of his lawful right (which he initiated) against his best interests offends against long established notions of justice and equity.

It is a different matter once judicial proceedings have started as facts or points of law might be before the tribunal which it would be injudicious for it to ignore.

Thanks for that Nevip,

ib should be reinstated and arrears issued minus the amount paid to the client in esa.

i had a case like this and it took me months to finally get them to issue the arrears eventually having to take it to the management of the benefit delivery centre.

it would just be easier for them if he stays on esa which is no doubt why they are taking the line they are.