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EDP refusal but not due to conversion
Case law is law and must be followed - guidance is only guidance and has no legal basis.
Anyone successfully appealed?
I’ve not needed to appeal, I launch a recon and they amend the decision, usually they issue a second ESA3 for the retrospective period
I have used this line of argument and have been told by DWP that they will not apply the case law until ESA guidance has been changed. I would have thought that case law was more persuasive than guidance. Also, taking that approach surely just gives them an incentive not to change the guidance at all…..
Their instruction is that it’s only reported decisions that they need to follow.