Appealed ESA - how long should it take for a decision?

Widelats

Anyone know on average the time scales of these appeals?

rogerblack

Widelats wrote: »

Anyone know on average the time scales of these appeals?

Around a month for a reconsideration. But in some areas over 6 months to get to an appeal tribunal.
Did you supply more evidence?

mazza111

We got as far as tribunal and then it was adjourned for medical records from birth to 20 to come through. Awaiting being called back. Original medical was in October....

rogerblack

Adjournments are tupically more rapid - 6 weeks here.

Widelats

No evidence was submitted, i just went through the list of reasons and challenged them for their lies, inaccuracies and mistakes, my questionnaire was where i told them the truth and explained my conditions, but what the report said was different.

Thanks guys, i hope i get it soon.

shykins

sorry to disappoint u but i am 6 months into waiting for my appeal (my medical was in January) to be reconsidered let alone GO to the tribunal. from yesterdays conversation could be another couple months before i hear

apparently the local office for my area is inundated with appeals!

hope yours isnt as bad!!

outtawork

I had my medical in December, appealed as soon I found out and I am still waiting. I have also recently been changed over from Contribution ESA to Income based ESA so now it's a year since I first started claiming. Although since then I have had a stroke which the DWP and Appeals were informed about, not sure what happens now?

Cpt.Scarlet

outtawork wrote: »

I had my medical in December, appealed as soon I found out and I am still waiting. I have also recently been changed over from Contribution ESA to Income based ESA so now it's a year since I first started claiming. Although since then I have had a stroke which the DWP and Appeals were informed about, not sure what happens now?

The stroke and any effects from it cannot be considered by the Tribunal, by law they are only allowed to consider your condition as it was at the time of the decision you appealed.

If your condition has significantly deteriorated then, if you are appealing a Fit for Work decision, you can make a new claim for ESA that will run in parallel to your appeal, or if your are appealing for the Support Group, you can request a supersession on your claim.

In either case, be aware that a new decision can limit in any award made by the tribunal when your case is heard.

benefitbaby

Round here (South West) it is taking the JCP decision makers at least 8-12 weeks to even reconsider cases before they even prepare the papers and send then to the Tribunal Service... although the TS are meeting their targets of hearing cases within 16 weeks.

rogerblack

Of course, if you decide to appeal the decision of the first tier tribunal, things can take considerably longer.

My initial claim for DLA was in Feb 2010. The (reconvened) DLA panel was in Mar 2011.
I appealed this decision, then appealed to the upper tribunal, then appealed the decision to not proceed with the appeal.

Currently pondering finding a solicitor for JR proceedings.

(the quality of decisionmaking was very poor - amongst which issues totally ignoring the defects in the statement of reasons, and why they did not consider the lengthy written submission I made)

Widelats

Looks like i will be waiting a while then, thanks everyone, i hope you all get the appeal won.