ESA appeals process - dont understand

chokolat2

HB58 wrote: »

Like 'mynameistallulah', I have also heard of qite a fewpeople who have had the original decision overturned at reconsideration.

But when you apply for an appeal straight away, dont they reconsider at first anyway before they pass it onto tribunal?

HB58

chokolat2 wrote: »

But when you apply for an appeal straight away, dont they reconsider at first anyway before they pass it onto tribunal?

Yes they do. I am not sure what point you are making?

chokolat2

HB58 wrote: »

Yes they do. I am not sure what point you are making?

Just find it confusing..and the difference between reconsideration & appeal. So really applying for a reconsideration first extends the appealing process?

nannytone_2

they automatically reconsider when you ask for an appeal ....

HB58

chokolat2 wrote: »

Just find it confusing..and the difference between reconsideration & appeal. So really applying for a reconsideration first extends the appealing process?

Ah, OK. sorry, I didn't understand where you were coming from.

Yes, a recon is automatically carried out as part of an appeal. Therefore many people feel that asking for a seperate recon first is simply prolonging a process that can already take upwards of 12 months. Nor is the assessment rate of ESA paid (for people who have had rejected claims) until an offical appeal has been submitted.

rogerblack

HB58 wrote: »

Therefore many people feel that asking for a seperate recon first is simply prolonging a process that can already take upwards of 12 months. .

In some cases, it could be a tactic to make the reconsideration process take over 6 months, so ESA could be reclaimed again.

This is generally questionable at best, but in principle a properly timed reconsideration, even if rejected, will add about 8 weeks to the process.

Requesting a reconsideration first also gives you time to get your evidence together, in the event that the tribunals service was prompt, and you got an undelayed tribunal.

In the present environment, in most cases, there is no benefit to this, and you should go straight to appeal.

Muttleythefrog

chokolat2 wrote: »

Hi everyone

I appealled straight away once I received a letter to say Im not entitled to ESA. So I wrote an appeal letter and sent off with medical evidence.
I received a letter today saying I will be getting an appeal rate, until they are informed of a decision by the tribunal services.

Does this mean that DWP were not able to relook at their decision and it went straight to Tribunal? What happens now? It says I "may" need to provide sick notes....so do I? or not? will they let me know?
They make it very confusing to understand, maybe someone can help and clarify pls?

Thank you

The DWP should carry out an automatic reconsideration first.. this could take weeks to months. Unfortunately DWP letters regarding ESA are a real problem.. and often seem wrong or inappropriate... or never sent! So there should be a reconsideration and then the papers will be sent to tribunals service to arrange an appeal if the DWP don't change their decision. You almost certainly will be required to provide continual sicknotes during this process to get assessment rate ESA.

Focus your evidence towards the descriptors if possible. Good luck!

Spamfree_2

flight747 wrote: »

I went to CAB last week with my friend and was shocked that the government haven't finish it yet and the next process is to stop benefits on either JSA or ESA while on holiday in abroad crackdown. The DWP will have the POWER to stop all the passenger out of UK with their passport checked at the airport while on JSA and ESA, Government say up to 27% of those on ESA went abroad average 2 or 3 times a year and 11% of those on JSA went abroad average 1 or twices a year. It will be introduce soon in October 2012 parliment reform.

People claiming benefts because they can't work because they are too ill to are taking 2 or 3 holidays abroad a year?:eek::eek:

Well then I for one can't wait for them to be pulled up at the passport control queue!!!

sniggings

Spamfree wrote: »

People claiming benefts because they can't work because they are too ill to are taking 2 or 3 holidays abroad a year?:eek::eek:

Well then I for one can't wait for them to be pulled up at the passport control queue!!!

when was laying on a beach harder than digging up the roads :rotfl:

BRIANCARSON

chokolat2 wrote: »

Hi everyone

I appealled straight away once I received a letter to say Im not entitled to ESA. So I wrote an appeal letter and sent off with medical evidence.
I received a letter today saying I will be getting an appeal rate, until they are informed of a decision by the tribunal services.

Does this mean that DWP were not able to relook at their decision and it went straight to Tribunal? What happens now? It says I "may" need to provide sick notes....so do I? or not? will they let me know?
They make it very confusing to understand, maybe someone can help and clarify pls?

Thank you

Please note I can only write on what happened to me.

I have been though the process and this is the order they took place

ATOS examination 12/4/2012 and was contacted on 24/4/2012 that they did not believe I had enough points for ESA and I appealed that decision 7/5/2012

At the same time I started sending in Medical notes to cover myself.

On the 23/7/2012 right out the blue the DWP wrote to me to say they had ' looked again at the facts ' and have decided to place me on to ESA { Work Related Activity Group } and that my appeal will no longer go to the Tribunal unless I wanted to appeal their latest decision.

So you should start sending in Medical notes to cover yourself and you may find that they will look again at the facts before it ever reaches the Tribunal.

Clearly where you live may affect the timetable but you get a rough idea of the process.

If it had reached the Tribunal the most I could expect is to be placed onto ESA { Work Related Activity Group } so I am happy this has been sorted out quickly as I doubt that I would qualify for ESA { Support Group }

Until I receive a letter stating that I do not have to keep sending in medical notes { GP gave me a three month note } I will be covering my back and will keep sending them in.