How does the ESA appeal process work, and who makes the decisions?

Debt_Tired

I'm having problems trying to trace the department which phoned me to say my ESA appeal was "changed in my favour".

I have posted a message about the problems I have recently encountered here: https://forums.moneysavingexpert.com/discussion/4617737

Accordingly, I ask those in the know; how does the ESA appeal process work, and who makes the decisions? Also why is this department (it's identity and location) kept under wraps? I've had letters and call-back requests forwarded, yet no one has ever called me back or replied to my letters.

Like many, my ATOS/DWP assessment found me fit for work. And like on previous occasions, I have decided to appeal, but what does the appeal process look like from the perspective of within DWP/Job Centre Plus?

I am told that an appeals decision can take months, but why in my case was a decision made in just two days? I was informed on 13th May that my appeal letter had been received, and I was telephoned on 15th May to say my appeal had been upheld in my favour, even though no record of that telephone call exists. I do have a letter backing up this telephone call, which states that my ESA appeal “will not be sent to an independent tribunal as the decision has been changed in your favour.”

In effect my appeal took two days to process. Is this possible? It is the only indication I feel that a mistake has been made.

Also, who makes the decision for those living in Hull? My letter stating that my appeal had been changed in my favour came from Sheffield BC. The only identifiable reference on this letter is DR3. Is this a reference to a doctor employed directly by DWP to go through those appealing against a previous decision? And would this DR3 have picked up my appeal as being a clear-and-cut valid decision - one which could be cleared up in days and not months...

I have a busy time ahead. I am meeting someone from CAB in the coming days, while I am writing to my MP. I have also been asked to appear in a BBC documentary, while my GP is awaiting advice from the local mental health team about doubling the dose of my happy pills (Sertraline from 100mg to 150/200mg per day)...

All help appreciated...

Debt Tired...

[Deleted User]

initially when you appeal a dwp decision maker will look again at the decision,if he/she decided it was wrong(as would appear)then the award will be made

Adereterial

Debt_Tired wrote: »

I'm having problems trying to trace the department which phoned me to say my ESA appeal was "changed in my favour".

I have posted a message about the problems I have recently encountered here: https://forums.moneysavingexpert.com/discussion/4617737

Accordingly, I ask those in the know; how does the ESA appeal process work, and who makes the decisions? Also why is this department (it's identity and location) kept under wraps? I've had letters and call-back requests forwarded, yet no one has ever called me back or replied to my letters.

Like many, my ATOS/DWP assessment found me fit for work. And like on previous occasions, I have decided to appeal, but what does the appeal process look like from the perspective of within DWP/Job Centre Plus?

I am told that an appeals decision can take months, but why in my case was a decision made in just two days? I was informed on 13th May that my appeal letter had been received, and I was telephoned on 15th May to say my appeal had been upheld in my favour, even though no record of that telephone call exists. I do have a letter backing up this telephone call, which states that my ESA appeal “will not be sent to an independent tribunal as the decision has been changed in your favour.”

In effect my appeal took two days to process. Is this possible? It is the only indication I feel that a mistake has been made.

Also, who makes the decision for those living in Hull? My letter stating that my appeal had been changed in my favour came from Sheffield BC. The only identifiable reference on this letter is DR3. Is this a reference to a doctor employed directly by DWP to go through those appealing against a previous decision? And would this DR3 have picked up my appeal as being a clear-and-cut valid decision - one which could be cleared up in days and not months...

I have a busy time ahead. I am meeting someone from CAB in the coming days, while I am writing to my MP. I have also been asked to appear in a BBC documentary, while my GP is awaiting advice from the local mental health team about doubling the dose of my happy pills (Sertraline from 100mg to 150/200mg per day)...

All help appreciated...

Debt Tired...

You're over thinking this, there's no great conspiracy.

Appeals are currently first sent to your local Benefit Centre. The original decision is looked at again by the same team that made the original to see if it can be changed - this is called a reconsideration. If it cannot be changed, an appeal submission is prepared and sent to your local tribunal service who will arrange the hearing.

Two points -

1. The process CAN take several months, the key word being CAN. It doesn't mean it will. The bulk of that time is waiting for a Tribunal hearing. DWP reconsiderations are much quicker - depending on the volume of work in any site, anything from a few days to a few weeks.

2. Work may be moved around the country if there is too much in one area or too little in another - your local office may be Hull, but that doesn't mean your appeal will definitely be looked at there, if DWP has moved some work to where the resources are. Also, the office which would normally process claims from Hull may not be in Hull, depending on the workload and the size of the BC in the area.

No Doctors are employed directly by DWP - decisions are made by Decision Makers. The DR3 reference I think refers to the type of letter you have been sent.

TOBRUK

Dept Tired,
I think the time line for 'reconsideration' varies. When I was placed on ESA WRAG in October, I appealed asking for a reconsideration and it took 6 months. They found in my favour and placed in 'support group' - I received the reconsideration letter end of April so it took 6 months. Before sending a letter of appeal I requested their 'medical report' they wrote on the basis of the E50 form I had filled in. You can request this medical report they wrote where they base the decision and they will send it to you.

If you have any questions about the reconsideration you can contact the 'benefit Centre' that sent you the reconsideration letter.

The letter I received had a different 'benefit centre' to the one I sent the information.

Don't worry about it, if they have sent you a letter stating a reconsideration to your appeal then that is good news for you. As someone told you earlier, there is no conspiracy. Just accept the reconsideration and think of yourself as fortunate that you don't need to attend a tribunal like others have to.

I don't know what the 'DR3' is, the reference on my reconsideration letter is my Insurance number together with a set of numbers. They always have your 'insurance number' as reference on any letter sent by the DWP.

Debt_Tired

Many thanks for the support given on this forum.

I think now that DR3 means Decision Reconsideration. I guess the "3" relates to the person, department or standard letter used.

I don't think there is a conspiracy. Someone made a mistake. They either made a decision in my favour when it was not their job to do so, or the decision was wrong (procedures were not followed through properly), or they didn't follow through with this decision by informing the right department of the change.

Market Place Job Centre (Hull) are adamant that the mistake was in issuing the wrong standard letter. Their argument is that the letter should have related to my "letter of appeal" being accepted as a valid reason for appealing, this despite being told (a) that I had already received a letter stating my letter of appeal had been validated, (b) that I received a telephone call saying my appeal had been upheld in my favour, and (c) the "DR3" letter was dated two days after it was confirmed that my letter of appeal had been validated.

On the letters sent, my NI number (XXXXXX) is separate from this "DR3" code.

The good news is that I have an appointment with CAB tomorrow, which I have agreed to be filmed by the BBC (Ten Foot Films), who are making a documentary about life in Hull. The original idea was to make a documentary about the working poor of Hull, but the remit has been extended to include a wide spectrum of people for whom life isn't always straightforward. Wish me luck!!!

ukmike

On the letters sent, my NI number (XXXXXX) is separate from this "DR3" code.

I'd remove your N.I. number from here,anyone could see it!

nicnak66

after the atos medical the decision whether you keep your benefit or not is made by a decision maker

you can then as for a reconsideration of that

if after recon you were not entitled to the benefit you fill out an appeal form and that will go to an appeals writer. appeals can take longer as they will contact your doc, hosp etc for evidence. they will also phone you to talk to you and the worst thing you can do is NOT answer that call.

you would not believe the number of people that say they are housebound but when the DWP phone they are not in (they do phone at 3 diff times of the day). that will go against you straight away.

epitome

Have you been in IB/IS migration to ESA or did you make a fresh claim to ESA? In other words what is your claim history?

Depending on what sort of a claim it is it (the appeal) is either dealt with by the ESA BC or the IBR BC.

When you sent the letter via the AJCS from JC did the JC promise to get you a callback? Did you get that callback? Bear in mind that most jobcentre staff don't know how to complete a HOTT for a callback so that's probably why you might not have got the callback as promised. However having not got a callback by 16:30 or 1pm the following day, you need to phone ESA within 24 hours to get the promise of a callback re-issued (if the jobcentre did it incorrectly) or prioritised if they did it correctly. Then if you still don't get a callback you need to call again within 24 hours to get it doubly prioritised.

If you ask for a callback and you phone back after the promised time you will -eventually- get your callback.

You can ignore what the jobcentre is saying, they are only guessing, you should be asking to speak to someone from the appeals section. And then ask them to explain why you got the letter and phonecall. Speak to a manager if you like.

But I did tell you before that they may say the letter was an error.