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ESA appeal

 

Anne Higgins
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My client refused ESA 19/6/17 capability for work.  He applied for Mandatory Recon but did not appeal
Made a repeat claim on 9/10/17 refused as no deterioration found.  He appealed this decision
However he has now had a late appeal accepted against 19/6/17 decision and indicating he wishes to withdraw new claim and appeal

Directions notice issued from Judge to say he cannot withdraw new claim and appeal as the tribunal would have no authority to consider appellant’s entitlement to benefit from 9/10/17

Any opinions on this or any legislation to say new claim and appeal can be withdrawn or not.

     
Elliot Kent
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The 2nd decision is final as far as it goes unless it is revised or changed on appeal. A Tribunal dealing only with an appeal against the 1st decision would be unable to interfere with it. So if an appeal against the 1st decision only was successful, your client would be left with a closed period award which he probably doesn’t want to happen.

If there are appeals against both decisions, then the Tribunal isn’t restricted in that way and can make whatever decisions are appropriate - its probably sensible to ask for them to be heard together.

     
Anne Higgins
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Is it the fact then that claim cannot be withdrawn at all if a decision has already been made

Do you know legislation to cover this?

     
Elliot Kent
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Anne Higgins - 06 September 2018 10:45 AM

Is it the fact then that claim cannot be withdrawn at all if a decision has already been made

Do you know legislation to cover this?

Reg 5(2) of the Social Security (Claims and Payment) Regulations 1987

     
stevenmcavoy
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cant be just let it run anyway as surely both can be held togher and if the first is overturned then the second appeal is pretty much already successful?