ESA Appeal - Time Scale

Chorlie

Hi,

Does anyone know the Time Scale for an ESA Appeal?

I filled in the form GL24 and sent it off within the 1 month deadline and a week later I received a letter stating they have received my Appeal Form and it will be looked at again, if they can change it they will; but how long does it take for them to look at it again and hear something back from them?

Thanks

NASA_2

Just depends how busy they are - ideally within a couple of weeks but could be longer.

Muttleythefrog

Yeah their automatic reconsideration could take a few weeks. If they don't change their decision then they'll pass the paperwork to the tribunals service for your appeal to be arranged by them. If you have any additional evidence.. medical evidence particularly... then ideally get it into the process ASAP (to DWP before reconsideration done.. to tribunals service if after that). If appeal is required it could take many months to be heard... advise attending in person to increase chances.

cit_k

Expect, unless a miracle occurs, about a years wait before you get to sit in front of a tribunal to be honest.

charleem_2

Did you send extra information off with your appeal to support why you were appealing their decision? Did you get a copy of the full medical report and not just the condensed version before you sent the appeal off?

Chorlie

I had a copy of the medical report which was several pages long, so I guess it was the full one; I've appealed after it was renewed; this is because the description had changed so I felt that I should now be in the support group, so I filled in the GL24 form and enclosed a letter explaining why I thought they were wrong, relating it to just one description and also that in the original medical report the Doctor did mention it (in overview), but since the description didn't really cover this I didn't appeal then, but am now since they have changed.

Not sure what will happen, but I got 27 point and was placed in the WRAG; so I'm guessing the worst that can happen is I'm still in the WRAG, but come April I'll loose it away since I'm on CB.

If it's going to be 6 months to a year, I might of lost it before the appeal has been decided....lol

charleem_2

Aaah! So you're appealing against being put into the WRAG, rather than being kept in the support group? I see. Well, when you go and see one of these work advisors, which is only once a month, they'll see exactly how disabled you are, like they did with me, you'll sit and chat for 5 minutes then you'll be on your way, they don't even bug you about going back to work, even less so I would imagine if you have an ongoing appeal. The only thing that may change is your payment, being put in the WRAG is about £5 a week less than the support group, but regardless of how long the appeal takes, if your appeal is approved/upheld you'll get it back. (Doesn't help now I know)

Muttleythefrog

Chorlie wrote: »

I had a copy of the medical report which was several pages long, so I guess it was the full one; I've appealed after it was renewed; this is because the description had changed so I felt that I should now be in the support group, so I filled in the GL24 form and enclosed a letter explaining why I thought they were wrong, relating it to just one description and also that in the original medical report the Doctor did mention it (in overview), but since the description didn't really cover this I didn't appeal then, but am now since they have changed.

Not sure what will happen, but I got 27 point and was placed in the WRAG; so I'm guessing the worst that can happen is I'm still in the WRAG, but come April I'll loose it away since I'm on CB.

If it's going to be 6 months to a year, I might of lost it before the appeal has been decided....lol

I might be misunderstanding of your situation so forgive me and ignore this point if so. But if you're appealing on grounds you think a Support Gp descriptor should apply that wasn't a descriptor for the WCA when the decision was made then you might be on a sticky wicket. The appeal will look at the decision made by the DWP at that time using the law at that time...i.e. if you were to say I should get Support Gp because descriptor x applies they would turn around and say there was no descriptor x.

Chorlie

I did all the Pathways to Work stuff last year, I don't have to do it again since in on Contribution Based ESA.

Chorlie

Muttleythefrog wrote: »

I might be misunderstanding of your situation so forgive me and ignore this point if so. But if you're appealing on grounds you think a Support Gp descriptor should apply that wasn't a descriptor for the WCA when the decision was made then you might be on a sticky wicket. The appeal will look at the decision made by the DWP at that time using the law at that time...i.e. if you were to say I should get Support Gp because descriptor x applies they would turn around and say there was no descriptor x.

That could be true, as you know the descriptors changed in April 2011; so when I was assessed in June 2010 this descriptor wasn't very clear and didn't fully apply, but the new descriptor has been made clearer so I feel it does apply now.

Now if as you suggest use the descriptor from 2010 that my appeal will fail, but since I had a review in June 2011 I would of thought they would of used the descriptors from June 2011, after all they would use my medical condition as at June 2011 to decide if I was still entitle to ESA and not how it was in June 2010....

But how I see it I have nothing to loose in appealing...

Muttleythefrog

Chorlie wrote: »

That could be true, as you know the descriptors changed in April 2011; so when I was assessed in June 2010 this descriptor wasn't very clear and didn't fully apply, but the new descriptor has been made clearer so I feel it does apply now.

Now if as you suggest use the descriptor from 2010 that my appeal will fail, but since I had a review in June 2011 I would of thought they would of used the descriptors from June 2011, after all they would use my medical condition as at June 2011 to decide if I was still entitle to ESA and not how it was in June 2010....

But how I see it I have nothing to loose in appealing...

Ah yes... if the re-assessment was June this year then the issue doesn't arise. If you can get a medical pro involved in your treatment to state the descriptor applies you could be in a powerful situation. In essence your case is quite a simple one unless they decide to look at the whole decision again. I wonder if you could create a simple document with the descriptor on.. plus maybe diagnoses, treatment and your basic details... and see if such a medical pro is willing to sign it and say the descriptor applies currently and at time of decision in June. A tribunal might have a problem ignoring that..lol