I won my ESA appeal on the basis that (in the words of the decision notice) 'the Secretary of State has failed to discharge the burden of proof on him to effectively notify the appellant of her conversion to Employment and Support Allowance.' This apparently means I remain entitled to Income Support, and they have to re-start the process of moving me onto ESA. I am supposed to receive a back-payment of Income Support. However, I got this letter this morning:
'I am writing to tell you that the Tribunal Decision made on 16th January 2013 may not be acted upon as the Decision Maker may appeal this to the Upper Tribunal. You will continue to be paid Employment and Support Allowance at the current rate until such time as the matter has been resolved.'
Has anyone else had one of these? Does it mean they definitely will appeal it, and if it doesn't what was the point of sending it? What will happen if the Tribunal Decision is overturned? Thank-you.
'I am writing to tell you that the Tribunal Decision made on 16th January 2013 may not be acted upon as the Decision Maker may appeal this to the Upper Tribunal. You will continue to be paid Employment and Support Allowance at the current rate until such time as the matter has been resolved.'
Has anyone else had one of these? Does it mean they definitely will appeal it, and if it doesn't what was the point of sending it? What will happen if the Tribunal Decision is overturned? Thank-you.