They Took My ESA Away

rogerblack

Deleted_User wrote: »

Does anybody know how long the Appeals take? I was originally told 10 weeks. I then called up after 11 weeks and somebody said that, I would defo have my decision with in 4 weeks time. I called up again 2 weeks ago and this time I was simply told "You should have a decision soon" Been sending in sick lines for 7 month now and my latest line is till December. But just curious to see how much longer this will take. Thanks

haha.

10 weeks is extraordinarily optimistic.

Firstly, a reconsideration has to be done.
This will typically take at least a month.
Then they need to (if they refuse) to submit the appeal pack to the tribunal service.
The tribunal service will then send you something asking if you want an oral or paper tribunal, and if you have any special requirements.

Then you have the wait for your appointment, which will typically be at least a couple of months.

All of these stages take time, and additional time can come into the process if it's decided they need to contact doctors, ...

My experiences of wait (from the initial decision to the first tribunbal) has been 11 months, and 6 months.

PippaGirl_2

I'm a bit confused can someone clarify for me. The bulk of this thread was written in March about being turned down for ESA so I had assumed that 6 months later we were passed reconsideration and were waiting for a Tribunal date?

rogerblack

topaziem wrote: »

Since when does the DWP or Tribunal Service ever contact 'a doctor' in cases of ESA?

If you are suggesting that an ESA113 is a request for a report, then I'm sorry but it is a very much biased way of trying to get to the truth of the matter.

It happens.
The decisionmaker, or tribunal can request other information, for example, my tribunal for DLA requested a home visit of a doctor.

Is this common - perhaps not.
But additional steps can add time into the process, in addition to the normal delays due to inefficiency, and lack of funds.

sja75

Unbelievable comment from Sparklebaby above..., thankfully it was removed from this thread.

[Deleted User]

PippaGirl wrote: »

I'm a bit confused can someone clarify for me. The bulk of this thread was written in March about being turned down for ESA so I had assumed that 6 months later we were passed reconsideration and were waiting for a Tribunal date?

Hi there. I was put back on ESA in November last year. I went to a medical in Feburary this year and was told I was fit for work. I then put in an appeal and have been waiting ever since to see if I have won my appeal or not. However, I just keep getting told they still have not looked at my appeal yet. But, I still have to send in sick lines. I hope this clears that up

Muttleythefrog

Deleted_User wrote: »

Hi there. I was put back on ESA in November last year. I went to a medical in Feburary this year and was told I was fit for work. I then put in an appeal and have been waiting ever since to see if I have won my appeal or not. However, I just keep getting told they still have not looked at my appeal yet. But, I still have to send in sick lines. I hope this clears that up

Have you had word on the reconsideration by DWP yet? They should reconsider their decision first (unless you already had one done before appealling) and let you know outcome. If don't/didn't change minds then they forward paperwork to tribunals service who should then contact you to arrange some details for the tribunal. Usually reconsideration should take weeks to 2 or 3 months.. but some are reporting significantly longer. After that expect a good few months for appeal to be arranged.. try to attend... opt for oral hearing.

[Deleted User]

Hi there. No, I am still waiting to hear from the DWP on their decision to my appeal. I guess if they say no, it will then go to a tribunal? God, this is going to take even longer I guess....

Muttleythefrog

Deleted_User wrote: »

Hi there. No, I am still waiting to hear from the DWP on their decision to my appeal. I guess if they say no, it will then go to a tribunal? God, this is going to take even longer I guess....

They're reconsidering yes.. to see first if their decision can be changed.. i.e. to see if they feel you do meet the criteria for WRAG or support group given the evidence... that isn't your appeal as such... your appeal is something the tribunals service will deal with independently if this reconsideration fails. It's a shame it is being dragged out... in reality the actual work involved will be small but there are some heavy delays seemingly in many parts of the ESA process. The one advantage to the delays is that if you were to lose your appeal after a failed reconsideration then by the time that happens any 6 month waiting period to reapply will be over... i.e. with sicknotes you'd be able to claim again..lol.

likelyfran

There is a CAB section on here now as well.

http://forums.moneysavingexpert.com/forumdisplay.php?f=211

rogerblack

likelyfran wrote: »

There is a CAB section on here now as well.

http://forums.moneysavingexpert.com/forumdisplay.php?f=211

The CAB section does _NOT_ cover ESA.