Will they notify me of ESA appeal decision maker reconsideration?

johnsmi

Hi,

I appealed the decision to be placed in the wrag of ESA as I feel I meet one of the descriptors for the support group.

I filled in the short appeal form and sent a letter to the decision maker as well giving further info on my condition.

Just wondering as I understand they do an automatic reconsideration before they forward it to the appeals tribunal, will they write to me even if they don't feel they can change the decision or is everything just forwarded to the tribunal?

Thanks
John

Horseunderwater

The system used to be reconsideration, appeal, tribunal - but most people opted straight for appeal. That changed earlier this year in I think May. All appeals are now reconsidered 1st then the appeal goes ahead and yes you will hear from a DM once that process has been finished. Either you will be put into the Support group because you have shown that you qualify for at least one SG descriptor or the DM will say no and it will then be sent to tribunal. In the meantime try not to worry.

rogerblack

Horseunderwater wrote: »

The system used to be reconsideration, appeal, tribunal - but most people opted straight for appeal. That changed earlier this year in I think May. .

This is not correct.
For most people, except about decisions for ESA - mandatory reconsideration does not apply.
Importantly, it only applies if you are informed 'mandatory reconsideration' applies to your case, at the time of decision.
It will not apply at the moment to 99.99% of people - the exceptions are those in the UC pilot areas that would not be able to claim JSA - only UC.
This is a very limited number of people, as there are other circumstances beyond living in the area which make you eligible.

To answer the original question - yes - they do an automatic reconsideration first.
If this fails, then you will get a letter.
Several months later, the DWP will send a package of all the appeal information to the appeals service - along with a copy to you.
Then, the appeals service contacts you and arranges when the tribunal is.

TOBRUK

johnsmi wrote: »

Hi,

I appealed the decision to be placed in the wrag of ESA as I feel I meet one of the descriptors for the support group.

I filled in the short appeal form and sent a letter to the decision maker as well giving further info on my condition.

Just wondering as I understand they do an automatic reconsideration before they forward it to the appeals tribunal, will they write to me even if they don't feel they can change the decision or is everything just forwarded to the tribunal?

Thanks
John

Hi John,
I appealed their original decision back in October - I had been placed in WRAG. I wrote for a reconsideration as I did not agree with their decision, especially as the 'medical report' they produced (I had requested a copy) was totally wrong in many areas.

Although I had appealed, on 2nd January I attended an interview at job centre under the WRAG rules. I think it was in May that I received a letter with their decision and they found in my favour and the decision was to place me in SUPPORT GROUP. I was relieved that it wasn't going to tribunal.

So it was 6-7 months from the appeal's letter to receiving the reconsideration letter!

You will have to be patient but they will get around to sending you their decision. Just try to put it out of your mind until then ... if possible!:)