ESA Appeal Timescale

cabbage

piplou wrote: »

My ESA appeal has taken 14 months, I have received no money during this time...hope it's different for you

You should get ESA at the assessment rate of £71.70 whilst appealing as other posters have stated. We're you found capable of work or do you fall foul of the 365 rule for contribution based ESA?

joff81

I was migrating from IB + IS to ESA in December 2011. I filled all the relevant paperwork out that was sent and it took until April 2012 for DWP to make a decision to say I would not be migrated after ATOS awarded 0 points.

I appealed the decision and my tribunal was heard on July 30th 2013. In the tribunal CAB had collected all the relevant medical evidence from GP, specialist, physio and OT and I was awarded my 15 points and also told that I will be put into the support group.

It's now September and I've not heard a thing from DWP in regards receiving the tribunal decision and back payments. I was told by the judge in the tribunal that it would take a couple of weeks for DWP to sort out and process the tribunal decision.
I've rang DWP and they basically say that until its processed I need to keep sending medical certs (sick notes) to prove I'm still entitled to ESA at appeals rate until and that they have no specific timeframe on when the decision will be processed.

Bottom line is if you are expecting a quick conclusion then forget it ad even after the tribunal decision is made there is a long wait for DWP to sort their end and get thing back to where you should be.

killerkev

I failed the migration from IB to ESA applied for a tribunal have just received a letter from them telling me there is a backlog and i will not hear from them for 14-18 weeks when they may-be able to update me on when the tribunal will take place. So 6-12 months is not unreasonable time scale. I sent in fit notes but have not yet received my backdated assessment rate (so slow!!!)

maggieann2luke

My tribunal was in July, I was put into Wrag. I am still on appeal rate, backpayments to Jan still not sorted. Don't hold your breath!

epitome

joff81 wrote: »

I was migrating from IB + IS to ESA in December 2011. I filled all the relevant paperwork out that was sent and it took until April 2012 for DWP to make a decision to say I would not be migrated after ATOS awarded 0 points.

I appealed the decision and my tribunal was heard on July 30th 2013. In the tribunal CAB had collected all the relevant medical evidence from GP, specialist, physio and OT and I was awarded my 15 points and also told that I will be put into the support group.

It's now September and I've not heard a thing from DWP in regards receiving the tribunal decision and back payments. I was told by the judge in the tribunal that it would take a couple of weeks for DWP to sort out and process the tribunal decision.
I've rang DWP and they basically say that until its processed I need to keep sending medical certs (sick notes) to prove I'm still entitled to ESA at appeals rate until and that they have no specific timeframe on when the decision will be processed.

Bottom line is if you are expecting a quick conclusion then forget it ad even after the tribunal decision is made there is a long wait for DWP to sort their end and get thing back to where you should be.

That's all well and good, and the judge doesn't work in the DWP so s/he would have no concept of how long it will take to sort out an appeal win as they no doubt do not follow on each individual case after the hearings.

However reason I quoted you is because you have to be 100% sure there is a note on your ESA file "TAS notice appeal won received" or something like that.... If there is no note written by the BC staff that appeal has been won then the BC does not know you have won and you should send or email (via jobcentre) your appeal win notice...so that they can start working on it. Once they have it, it should be done within 6 weeks.

epitome

killerkev wrote: »

I failed the migration from IB to ESA applied for a tribunal have just received a letter from them telling me there is a backlog and i will not hear from them for 14-18 weeks when they may-be able to update me on when the tribunal will take place. So 6-12 months is not unreasonable time scale. I sent in fit notes but have not yet received my backdated assessment rate (so slow!!!)

Again, you must make sure your appeal has been received and validated and your sicknotes are received.... otherwise they don't have them and you won't be paid. This should take no more than 2 weeks (from date of recpt) to start issuing payment on appeal.

epitome

maggieann2luke wrote: »

My tribunal was in July, I was put into Wrag. I am still on appeal rate, backpayments to Jan still not sorted. Don't hold your breath!

Same advice to you make sure there is a note on your file "appeal win notice received" if it's not there, they don't have it.

joff81

epitome wrote: »

That's all well and good, and the judge doesn't work in the DWP so s/he would have no concept of how long it will take to sort out an appeal win as they no doubt do not follow on each individual case after the hearings.

However reason I quoted you is because you have to be 100% sure there is a note on your ESA file "TAS notice appeal won received" or something like that.... If there is no note written by the BC staff that appeal has been won then the BC does not know you have won and you should send or email (via jobcentre) your appeal win notice...so that they can start working on it. Once they have it, it should be done within 6 weeks.

The exact words are as follows:-

The appeal is allowed

The decision made on 17/5/2012 is set aside

The appeallent is entitled to ESA with the support component.

There is also a notice at the bottom that suggest that I not be reassessed for at least 2 years from the date of the tribunal.

Going by that I think its pretty obvious that the appeal has been won and the decision overturned, but still I've heard nothing.

epitome

joff81 wrote: »

The exact words are as follows:-

The appeal is allowed

The decision made on 17/5/2012 is set aside

The appeallent is entitled to ESA with the support component.

There is also a notice at the bottom that suggest that I not be reassessed for at least 2 years from the date of the tribunal.

Going by that I think its pretty obvious that the appeal has been won and the decision overturned, but still I've heard nothing.

No, you don't understand, you must phone ESA and ask them if there is a note on your casefile (on the DWP computer) to say they have received the appeal win notice.

You have received yours...... But have they received theirs?

joff81

epitome wrote: »

No, you don't understand, you must phone ESA and ask them if there is a note on your casefile (on the DWP computer) to say they have received the appeal win notice.

You have received yours...... But have they received theirs?

I will do that tomorrow.

I did ring DWP about 10 days ago and was basically told that it will be there waiting to be processed and it will get processed when they get to it as there is quite a big backlog.

I will chase it again though.