How long to wait to chase up ESA appeal?

Katykat

I won my ESA appeal may 2011. All well until Nov when I was sent for new ATOS assessment. My disability was worse by this stage and the ATOS Dr advised not fit for work in the long term. DWP put me in WRAG, sent me for WCA and J Centre advised not fit to attend WCA. I put appeal in for Support group. Sent it in 20/12. (Royal Mail kindly returned it to me as "damaged parcel" on 3/1/12. Sent it again on 3/1. Had letter from DWP on 6/2 to say they would reconsider, and then send for appeal if decision could ot be reversed. So, the eventual timeline is - papers went in 3/1 which is 13 weeks ago. Shouldn't I have heard something by now? I have sent further e idence in duringthat time, but even so, its seems a long time.

rogerblack

Did you request an oral, or a paper tribunal?
Oral tribunals have a much better success rate.
Unfortunately, they're also often delayed by several months.
It took around 8 months from the time the DWP sent in my papers till when my appeal was first heard.

You may find http://www.youtube.com/watch?v=4L8EPHDjeqU useful.
This is a video produced by the ministry of justice on the tribunal process.

Katykat

Roger, i just filled in the GLappeal form, but they should do a reconsideration first as part of the appeal. Last time I was waiting over a year for the actual appeal, but I'm sure I didn't wIt this long for the reconsideration. I had it in my head that its supposed to be no more than 11 weeks, but I might have just dreampt that figure up. If they had not overturned the decision and sent it on to tribunal, surely they should have informed me.

Katykat

Well, I rang dwp and the advisor agreed that it seems to have been a long time without any communication. She rang me later and confirmed that the rec onsideration hasn't been done yet. She said she would send a memo to the correct dept asking them to do the reconsideration and ommunicate withme. Result? Srill no word, after 3 weeks. Does anyone know if there is a time scale for reconsiderations? I am fully expecting to haveto go to tribunal, but until they do the reconsideration, it wont even trigger the appeal.

rogerblack

Katykat wrote: »

Does anyone know if there is a time scale for reconsiderations?

I happened to have just closed http://www.cpag.org.uk/cro/wrb/wrb217/delays.htm - which addresses this issue - was just reading it for general interest.

In short - no.
Unless there is some reason your case is urgent, or it is very, very delayed (by more than normal), you can't hurry it up with reference to a specific timescale, as one doesn't exist.

In addition, in principle things may be going on that take some time.
The decisionmaker writing to ATOS asking questions about your evidence, GPs being contacted, or ...

HB58

I have heard that, like all of the other stages of the ESA process, reconsiderations are currently taking a lot longer than they used to.

Katykat

Thanks rogerblack, a good link, seems theres nothing I can do though. My CB ESA stops next week and I cant claim IB ESA because my OH earns £180 week. Even with my £19 DLA it means we that after the bills are paid we are £50 in debit each week. Its a worrying time.

Katykat

This is becoming really frustrating now.since my last post in April I have sent 3 letters asking why it is taking so long. There was no response until this week. I got an exact copy of the letter they sent in Jan informing me that they would reconsider and if they could not reverse the decision, then they would send it for appeal. So, I am no further on than I was last January. I am considering whether to write to my MP. Does anyone have any positive conclusions about this? Would it be better writing or going to see the MP.? I cant think of anything else to do.

bex_n_mick

Fingers crossed you find something out really soon. My husband is going through redecisioning at the moment. He was placed on CB ESA when he went off work sick in 2007/8 but placed in to WRAG not support group so when the reforms came in in April/May we have lost his money. Because I work full time, he does not qualify for IB ESA either. We were told to put in an appeal to get him switched to SG and had a call to say that they were sending it to re-decisioning rather than appeal but we've only had a few weeks to wait so haven't chased this as yet.

Worryingly, hubby had a work related interview with the job centre and the advisor said that it is really difficult to change groups from WRAG to SG and she was telling us she had seen people placed in WRAG that were, in her opinion, severely disabled with little or no chance of returning to work.

A friend of a friend works for the DWP and they, apparently, place obstacles in claimants way just to see who will fight for the benefits they're entitled to. Very unethical IMO but who am I to say!

Muttleythefrog

bex_n_mick wrote: »

Fingers crossed you find something out really soon. My husband is going through redecisioning at the moment. He was placed on CB ESA when he went off work sick in 2007/8 but placed in to WRAG not support group so when the reforms came in in April/May we have lost his money. Because I work full time, he does not qualify for IB ESA either. We were told to put in an appeal to get him switched to SG and had a call to say that they were sending it to re-decisioning rather than appeal but we've only had a few weeks to wait so haven't chased this as yet.

Worryingly, hubby had a work related interview with the job centre and the advisor said that it is really difficult to change groups from WRAG to SG and she was telling us she had seen people placed in WRAG that were, in her opinion, severely disabled with little or no chance of returning to work.

A friend of a friend works for the DWP and they, apparently, place obstacles in claimants way just to see who will fight for the benefits they're entitled to. Very unethical IMO but who am I to say!

Interesting. You don't say when the last reassessment was... usually they'll only accept a request for reconsideration or appeal within 4 weeks of decision unless there is good cause for doing so late. Hopefully you made a convincing case for Support Group criteria being met. It's unclear whether you have actually appealed... normally when you appeal they'll automatically reconsider (if they haven't already) their decision first before sending papers to tribunals service... but you can also simply request a reconsideration. It is possible they're treating this as a supersession if you've claimed deteriorated health... don't know if you have... probably not... alll very confusing..lol... usually is with ESA at the DWP.

Muttleythefrog

Katykat wrote: »

Well, I rang dwp and the advisor agreed that it seems to have been a long time without any communication. She rang me later and confirmed that the rec onsideration hasn't been done yet. She said she would send a memo to the correct dept asking them to do the reconsideration and ommunicate withme. Result? Srill no word, after 3 weeks. Does anyone know if there is a time scale for reconsiderations? I am fully expecting to haveto go to tribunal, but until they do the reconsideration, it wont even trigger the appeal.

It is taking a very long time. Don't think there are any timescales sadly but it should take weeks to couple months rather than many months... it is waiting for the appeal that should take many months. Hopefully they give you a callback or write to you soon to update you on your case... if you get no joy very soon I would be inclined to contact your MP and tell him/her the DWP appear to be blocking you from pursuing an appeal by holding you up at reconsideration for 5 months plus. The one positive is that there will be backdating of monies owed if you win your appeal (or reconsideration)... but this can't be doing your health any good being dragged out.