ESA Tribunal Waiting Time

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ceegee
ceegee Posts: 856 Forumite
in Benefits & tax credits
I am waiting for my ESA tribunal. When my lovely lady at the CAB was helping me with my final submission, she said to post it and forget about it, as waiting times can be very long. I know that it also varies from place to place.

It has now been 7 months since I received my acknowledgement from the Tribunal Service and the whole situation is so stressful. I wonder if anyone would mind posting how long they had to wait? Without giving too much information, my Tribunal will be held in Bristol.

If anyone could post tbeir waiting time I would be so grateful, almost as if a trouble shared is a trouble halved! I am not confident using the phone, but wondered if I could write to them to ask if they could give me an idea of when it might be. But then I would be terrified knowing tht it would be looming. I'm so stressed and terrified about the whole thing.

How long has anyone had to wait? Thank you in advance for any replies and sorry if I have waffled.
:snow_grin"Let it snow, let it snow, let it snow........":snow_grin
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  • Alice_Holt
    Alice_Holt Posts: 5,964 Forumite
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    Yes you can phone them and get an estimate from the TS of the likely wait.

    Are you reclaiming ESA pending the hearing date?

    Rather than worrying too much, put you efforts into writing a diary you can take to the tribunal to help you explain things to the panel members, and be able to give them examples / a typically week around the ESA activities you are contesting.

    See this appeals guide:

    https://www.advicenow.org.uk/guides/how-win-pip-appeal

    It deals with PIP but the process is virtually the same for ESA appeals.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    I live in the south of England (New Forest area) and the waiting time here is on average 31 weeks, I'm at 27 weeks. You'd need to phone to find out about where you live.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    Alice_Holt wrote: »

    Rather than worrying too much, put you efforts into writing a diary you can take to the tribunal to help you explain things to the panel members, and be able to give them examples / a typically week around the ESA activities you are contesting.

    I was just wondering about doing this, but isn't the tribunal about how you were when the assessment took place? That would be december for me. My health is actually worse now but that wouldn't be relevant to the tribunal would it? Thanks.
  • Alice_Holt
    Alice_Holt Posts: 5,964 Forumite
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    edited 21 October 2018 at 12:52PM
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    minimad1970 wrote: »
    I was just wondering about doing this, but isn't the tribunal about how you were when the assessment took place? That would be december for me. My health is actually worse now but that wouldn't be relevant to the tribunal would it? Thanks.

    Yes, that's a very good point.

    And one of the disadvantages of the lengthening tribunal waits.

    I think you would have to consider back to how you were with the relevant activities / descriptors on the decision date. Did you make a diary to help you complete the ESA form?

    The panel will ask you if your condition has worsened / improved, so you will need to word your answer carefully. But, I guess the panel will be aware of the difficulty of reviewing DWP decisions from 12 months ago, especially if it concerns a degenerative condition.

    I think examples / illustrations will be useful, but you may need to emphasis although it has become more difficult with the passage of time, that in December this was an activity that you couldn't do reliably and you had described this on the ESA50 form. (Or had been getting ESA previously for these conditions and activities).
    It does rather make a competently completed ESA50 form more important.

    If a panel dismissed difficulties with an activity described on the ESA form, highlighted in your submission, and included in your verbal evidence - just because your verbal evidence concerned events nearer the tribunal date than the decision date; then they would be very open to a successful legal challenge by you to the Upper Tribunal.

    The more I think about it, I think it would be fine as long as it was detailed on the ESA50 form. The only caveat is that you words to the panel don't give them the impression that t it wasn't a difficulty at the date of the DWP decision.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    I've just received a date for my tribunal so it'll be 33 weeks for me.
  • ceegee
    ceegee Posts: 856 Forumite
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    Strangely enough, a couple of days after I made my original post, I received notification of my tribunal date, it is 14th November. That is a wait of seven and a half months, or about 31 weeks. When it arrived I was both relieved and terrified at the same time.

    So this is it then, it really is make or break for me. I never thought that after 46 years of working, I would end up in this horrible situation due to ill health. We absolutely do not know what our futures hold for us, even if we do everything we can to stay fit and healthy and we do the right thing by always working and paying our taxes.

    Over the next 2 weeks I shall do everything I can to prepare myself as best I can. The help and advice which I have received on MSE has made all the difference. Right back at the beginning I was advised to go to Citizen's Advice, and it is thanks to Citizen's Advice and the lovely people on MSE that I have got this far. I am beyond grateful for all the help and will post the result of my tribunal on 14th November.

    Thank you and best wishes.
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • ceegee
    ceegee Posts: 856 Forumite
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    minimad1970 wrote: »
    I've just received a date for my tribunal so it'll be 33 weeks for me.

    minimad, what is the date of your tribunal?
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    ceegee wrote: »
    minimad, what is the date of your tribunal?

    21st of november.
  • ceegee
    ceegee Posts: 856 Forumite
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    Just to update. Tribunal was set for today. I left home early to catch the bus in good time and when I got there the clerk said he had left a message on my home phone to say not to go in as the Judge and the Doctor had decided, just on the medical evidence, to put me into the support group, without needing to see me, but I was on the bus by this time . I quietly broke down when they told me their decision. The Judge told me to go to Citizens' Advice and get them to help me apply for PIP. Then he said they would order a taxi for me to take me home and that they would pay for it too. The clerk ordered the taxi and took me downstairs to wait. It turned up in just a few minutes.
    SOo, if you are appealing a DWP decision, get all the help and advice you can (CAB. were so helpful to me) and get absolutely solid, unquestionable medical evidence. My doctor's letter was very detailed re my health and also very disparaging about the WCA decision. She actually wrote that she had very serious concerns about it and it's finding that I am fit for work. I don't feel elated, I just feel shocked really, now that it is over, but also at the compassion shown by the Judge and the Doctor.
    :snow_grin"Let it snow, let it snow, let it snow........":snow_grin
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    It is so good to hear of your experience and am sure it will give hope to other people in the same position.

    I do hope you will put in a complaint about your assessment as many people complain but never put it in writing.

    Also good to hear CAB were really helpful. It s so sad that many CAB do not have people specialising in appeals both for ESA and PIP. Lack of money is a big issue and more should be done to make sure people have access to free organisations to help with these issues.

    As a matter of interest, was the report from your doctor used as evidence at your assessment? I am guessing not since the doctor wrote about the WCA decision.

    Medical evidence is extremely important. Unfortunately many doctors are not supportive/have not got the time to write detailed letter and/or have little knowledge of exactly what kind of evidence is most useful.
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