ESA appeal date in only 7 weeks!! :) what to expect?

xxkelly888

My sister has her appeal next month, what will happen? Can anyone who has been through it explain what happens on the day? Also, when will she get a decision?

also wanted to let people know that my sister's ESA appeal is taking place only 7 weeks after she was notified that she had failed. All advice given, including on this site, was that she would have to wait at least 10 months

DomRavioli

Hi OP,

Do you mean tribunal?

An appeal is usually done without you, and you get a decision in the post/by phone. A tribunal is a little different - have you had paperwork to show what is happening?

rogerblack

The above comment isn't quite right.
The appeals process is that you first ask for reconsideration by the DWP, and then if refused at some point if you indicate you want to continue with the appeal, you get a pack of information from the DWP with their evidence, and then shortly thereafter a form from the tribunals service to ask if you want a 'on paper' or 'in person' tribunal.

If you opt for in paper (less likely to suceed) then you are notified of the outcome. Otherwise, you need to turn up, and it will be decided there and then. (you may not get the decision till a couple of days later).

http://www.youtube.com/watch?v=cNn7Hzq6gWE - this is a video explaining the tribunals process.

The 'mandatory reconsideration' process changes this - but this is not likely to affect most people for some time.

epitome

What ESA BC is this? and Where does she live?

If you read my posts, my estimations of appeal for having failed WCA I usually say 4 - 12 months.

Looks like your sister will be one of the quicker ones.

If she fails appeal she will not be allowed to reclaim ESA unless she has a different medical condition or this one has significantly worsened..

She might be told the decision on the day or might get told by letter a few days later.

rogerblack

epitome wrote: »

If she fails appeal she will not be allowed to reclaim ESA unless she has a different medical condition or this one has significantly worsened..

Or unless it has been six months since the last decision date.
For the case of a tribunal, it will almost always exceed 6 months since the decision, though things seem to have moved rather more rapidly.

Cpt.Scarlet

That's not how the six month rule works, it only prevents payment not making a claim in the first place.

So she can make a new claim if she fails her appeal but will not be paid unless she has a new or deteriorated condition, or six months have passed since the original decision, or she attends a WCA on the new claim.

epitome

In practice, what actually happens, if there is no new or deteriorated condition, is that the new claim is thrown out "disallowed at the outset" they don't refer you for a WCA because there is no claim allowed.

I'm not saying you're wrong, you might be correct, but it would be nice if you could look up some DMG on this. So we know they can appeal such a decision if they want to.

It may be that your version only applies to a new claim within 6 months of a disallowance for FTA or FTRQ .... these sort of claims are definately allowed within 6 months. It may be that your version does not apply to disallowance for "no LCW" or "lost LCW appeal" This is where the confusion might arise.

xxkelly888

It's a tribunal. Her reconsideration failed so she has to go to 'court' as she called it but I think it's the tribunal. She has cystic fibrosis and recieved no points but has reports from doctor, social services, cystic fibrosis trust and her hospital consultant so we are confident she will win.

Cpt.Scarlet

See

http://www.rightsnet.org.uk/forums/viewthread/1465/

ESA Regs 30.2(b) only prevents LCW within 6 months and therefore payment it does not prevent a claim.

epitome

Ok, this regulation is now called ESA Regulations 2013, Regulation 26: Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made
26(2) (b)

It seems to me that whoever wrote that post doesn't know what they are talking about. It is a condition of ESA that the claimant has or is treated as having a limited capability to work.
Welfare Reform Act 2007
1 (3)(a)has limited capability for work
If a claimant does not have this, there is no entitlement to claim, there is no "pending a WCA" the claim is refused.

26(1) requires the conditions in 26(2) to be met if the claimant is to be treated as having a LCW

26(2)(b) requires that it has not been determined in the last 6 months that the claimant does not have LCW. Unless 26(4) applies
26(4) says if "there is a differennt condition", or "the condition has significantly worsened" or "the information (ESA50) has been provided"

So the BCs are correct to throw out the claims..... "disallowed at the outset" is the correct action.

Cpt.Scarlet

Yes, but the ESA Regulations 2013 only apply to new ESA Claims under UC, and as no one is being processed under UC who is unable to work due to illness or disability until at least October and probably not even then, it is the 2008 Regs (as amended) that apply.