Tribunal Decision.

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Hello, The DWP decided that my son  no longer meets the requirements to claim ESA.  We have had a MR & nothing changed so we  requested a Tribunal.  We have had a letter from the tribunal saying that they could not come to a decision & they will go to tribunal again & reach a decision one way or the other. This has been going on since October 2016. What I can't understand is that if they have all the evidence in front of them from the GP & hospitals, how they can't make a decision. They have not given an explanation as to why they can't come to a decision.  Can anyone shed any light as to the reason why no decision can be made as yet?  confused

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4 Replies

  • Posted

    Oh my goodness Mary, I'm so sorry to hear this, how stressful for you and your son. Did your son go to the Tribunal?  I don't know a lot about them really as I was one of the few lucky one's to get through in the first instance, but I just wanted to acknowledge that someone had read your post.  

    Denise and some of the others on here know much more than me, so hang on in there and I'm sure you will receive an answer soon.  x

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    • Posted

      Hello Sukes,  Thank you for your reply.  My son didn't go to the Tribunal. They have asked if my son will go to the next Tribunal & have guaranteed that a decision will be made. My son will not be attending the next Tribunal but there will be someone there to represent him & we have informed the DWP of this. Just finding it difficult understanding how they can't come to a decision when all the information is there for them.  When the Tribunal meets again they will have the same information as before, but have been told they will definitely come to a decision this next time.  You couldn't make this up. It beggers belief.  confused

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  • Posted

    HI Mary,

    My only thought is that the DWP were at the hearing obviously going against what the evidence says, which is why it's always better to appear at the Tribunal rather than a paper based decision. I know you said before that your son won't be there BUT it's so much better if he could try to be there rather than someone else going for him. The Tribunal could then see for themselves what your son is like and a decision is much more likely to go in his favour. Far less Tribunal decision go in the favour of those that don't appear. Yes i know that's bad but it's also very true. One good thing is that as of yet they haven't found your son Fit for work. If they do find him fit for work the only way he could re=claim ESA is if he condition got worse or for a new condition as they changed the rules in 2015.

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    • Posted

      Thank you Denise for your reply.  I have read that it will be so much better if my son attends & the letter received from the Tribunal also said the same.  Nevertheless, my son will not be attending the Tribunal & if he is found fit for work, then so be it.  I have discussed with  my son the possibility of him attending the hearing & agree with him that it would be best for him personally that he doesn't go. The problems he has would probably result in him being embarrassed & feeling humiliated.. Nothing would be worth him having to go through that when it can be avoided. Let the Tribunal make their decision without my son having to go cap in hand so to speak.

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