They Took My ESA Away

HB58

I have just waited nearly 6 months for my reconsideration. Eventually I asked for a call back from a supervisor who accelerated my case. I got a phone call a couple of days later from a Decision Maker to say that he had just revised the decision in my favour (WRAG to Support Group).

It seems that there are considerable differences in how long various areas take to deal with things.

[Deleted User]

HB58 wrote: »

I have just waited nearly 6 months for my reconsideration. Eventually I asked for a call back from a supervisor who accelerated my case. I got a phone call a couple of days later from a Decision Maker to say that he had just revised the decision in my favour (WRAG to Support Group).

It seems that there are considerable differences in how long various areas take to deal with things.

It just seems so wrong. I have been waiting 7/8 months now and others have been waiting 9 months. I just feel like phoning them up and asking exactly when will I know!!!!!

Muttleythefrog

Deleted_User wrote: »

It just seems so wrong. I have been waiting 7/8 months now and others have been waiting 9 months. I just feel like phoning them up and asking exactly when will I know!!!!!

That sounds excessive. I'd be tempted to get MP involved... MPs seem to have this ability to add lubrication to state processes..lol. When/if you next call the DWP and ask if they've finished their reconsideration yet I'd be at least tempted to mention you are contacting your MP as you feel the DWP are preventing you pursuing your legal entitlement to appeal this decision due to ridiculous period of stalling at reconsideration stage.

epitome

Aberdeenlad,

If you have not already you should phone to ask for a callback from the appeals dept to tell you if the reconsideration has been done yet....

When you call, the people who answer the phone will not be able to see if the recon has been done or not.

7 months for a reconsideration is ridiculous

If it (the recon) has been done, you should phone your tribunal service to make sure they have your appeal. but my understanding is that you have to interact with the tribunal service intially otherwise they throw out your appeal, so you would surely remember doing this.

[Deleted User]

Yesterday I finally got my appeal letter sent to me. I still scored zero points and now its away to be sent to a tribunal. Any idea how long the tribunal will take? Been waiting since march to get my appeal looked at and it felt like forever. will i have to wait another 8 months for the tribunal????

rogerblack

Deleted_User wrote: »

Yesterday I finally got my appeal letter sent to me. I still scored zero points and now its away to be sent to a tribunal. Any idea how long the tribunal will take? Been waiting since march to get my appeal looked at and it felt like forever. will i have to wait another 8 months for the tribunal????

I can't find the statistics at the moment.
It was about 3 months from my recent ESA reconsideration refusal, to the tribunal.

heartbreak_star

Are you getting plenty of medical help to hopefully get you healthy and back on track to work? Keep pushing for medical help so you can show you're trying.

HBS x

[Deleted User]

Yes, I have recently started a new drug so just taking things slowly. Thanks for asking. P.S If the tribunal still does not work in my Favor, do I get put onto JSA? And am I allowed to apply again for ESA?

Muttleythefrog

Deleted_User wrote: »

Yes, I have recently started a new drug so just taking things slowly. Thanks for asking. P.S If the tribunal still does not work in my Favor, do I get put onto JSA? And am I allowed to apply again for ESA?

You wouldn't be automatically put on JSA... you'd have to apply for it. However you could claim ESA again if you can get sicknotes. There's a waiting period of 6 months to reclaim ESA (and get payments) after being turned down.. but that has already passed... and it could be many months still yet before appeal hearing.

epitome

Yes you can claim ESA again....If it were me, I would always claim from the day after the tribunal.

Because even though they will pay you some ESA after the day of tribunal before they close your claim.....They will always close it from the day after tribunal leaving an overpayment.

The overpayment will usually be classed as Wholly Official. Which they shouldn't recover. But call me a cynic, I just think you can't trust them. So a year later when they withold arrears for overpayments, how do you know they aren't deducting the W/O overpayment?

At least if you claim or backdate the new claim from the day after tribunal, you won't lose out. (or shouldn't) .

This post does show why you should keep a comprehensive diary of all your claims, eg date of claim, payments made, backdating request, claim actually taken from what date and why.... payments recieved, claim close dates, paid until dates even though claim was closed from xx date...date of decision to close claim from xx date. W/O overpayments, New claim date, arrerars paid at what amount for what period. Award amounts, how award is made up. deductions dates amounts etc ....