IS decision impacting on ESA appeal

Afternoon all,

My client has had 2 appeals with the Tribunal Service, one for IS/IB, the other for ESA.  My client had claimed ESA whilst the IS appeal was being dealt with but failed the WCA, hence the 2nd appeal.

The IS appeal was recently lapsed due to a ‘more favourable decision’ being made, and we have been verbally informed by DWP that they have decided that my client was entitled to IS all along. They are still calculating the arrears etc., and her ESA has now been stopped, but we have nothing in writing to confirm the decision, apart from theTribunal letter.

She has now had a hearing date for the ESA appeal. Does this hearing have to go ahead? Or does the earlier decision about IS entitlement make it irrelevant? Should I cover all bases by asking for it to be postponed until we’re absolutely certain about the IS?

Thanks

Denise

Thanks for your responses.

The letter regarding the lapse came from the Tribunal Service; my client told me there was no letter from the DWP to back it up so I phoned them for confirmation. It was the IS officer who suggested that their decision might void the ESA appeal, very good of them, I hadn’t considered it… must be slipping.

In terms of contacting the TS, what’s the difference between a postponement/adjournment/ taking a case ‘off the list’ ? I presume whatever the request, it needs to be put in writing?

Cheers

I phoned up and got a clerk who immediately said ‘you need to put it in writing’ ! So I have. Fingers crossed.

Thanks for the advice.