ESA clients being asked to withdraw before Appeal is written!

Has anyone else received calls asking them to withdraw clients from appeal? Have just received call from Appeals Section at Basildon, they told me the new practise is before writing the appeal submission the DM will ring appellants who they think have little prospect of success to advise them to withdraw from the appeal.  I was advised that based on the evidence he has, particularly the Atos Drs report, he thought my client should withdraw!

Advised Basildon that I had no intention of withdrawing client from the appeal, I wonder though how many vulnerable people who don’t have benefit of representation are going to withdraw from appeal on DWP advice?

Recent LA action is to send letter with form to HB CTB appeals asking if they want to continue with PP envelope and only then send submission and TAS 1.,

This appears to be the normal practice at Wellingborough BDC, as we’ve received several reports from clients that this is happening.  We now routinely advise clients that this may happen and that they should politely say that they will be continuing with their appeal, then put the phone down.

However, I wonder whether this practice is ethical (it’s probably not unlawful) and also whether these calls are recorded.  One client with severe mental illness withdrew her ESA appeal, following one of these calls, then sought advice.  We’ve written to ask for the appeal to be reinstated/treated as a late appeal, and are waiting for a response.

I’m FUROIUS!!!

I’ve just had a letter from TAS which enclosed a request from the S of S to strike out the appeal as it has no prospects of success!!

The decision maker then goes on to make statements on facts which have occured over four months after the decision was made - i have politely reminded them that they can only look at how the client was at the date of the decision - this client had, had an op 6 days before his medical, still had his arm in a sling and sutures present - none of this is mentioned in the EMP report.

This seems a pretty underhand way to reduce the number of appeals outstanding - what about clients with no rep? Will they know what to do with something like this? Terrible decision making :(

Howabout a formal complaint to the DWP about abuse of authority?