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Top Incapacity related benefits topic #5188

Subject: "Is it possible to overturn a request to withdraw an ESA appeal?" First topic | Last topic
Liz S
                              

Welfare and Financial Assessment Officer, Welfare Rights Team Hereford
Member since
21st Nov 2007

Is it possible to overturn a request to withdraw an ESA appeal?
Wed 02-Jun-10 02:48 PM

My client decided to inform DWP in writing that he did not want to continue with his ESA appeal in May 2010 and has now sought our advice - we feel he may have a fairly strong case to challenge original ESA decision - can anyone advise me on requesting that DWP overturn his request to end his appeal?

I haven't actually actually dealt with this scenario before.......we usually manage to advise clients not to withdraw their appeal before they send the letter back to DWP!?!

All help appreciated - and apologies if this seems like a daft question...........it's been a very long day............

  

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Replies to this topic
RE: Is it possible to overturn a request to withdraw an ESA appeal?, steve_h, 02nd Jun 2010, #1
RE: Is it possible to overturn a request to withdraw an ESA appeal?, anned, 03rd Jun 2010, #2

steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: Is it possible to overturn a request to withdraw an ESA appeal?
Wed 02-Jun-10 03:34 PM

The only way I have had an appeal reinstated following the withdrawal of the appeal at the client behest is to ask for a "late appeal", ie apply to extend the time limit to appeal with grounds that your client was either misinformed or unaware of all the issues surrounding the complex processes of appealing.
However, the original decision must have been made within the last 12 months

  

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anned
                              

Welfare benefits worker, Hambleton Citizens Advice Bureau, Northallerton
Member since
06th Apr 2005

RE: Is it possible to overturn a request to withdraw an ESA appeal?
Thu 03-Jun-10 12:08 PM

You can request reinstatment of an appeal within one month of the Tribunal Service receiving the request to withdraw (see CPAG p 1143). The letter from TS confirming withdrawal should state this. As you say the appeal was withdrawn in May, perhaps your client is still within this time limit?

  

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