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Tribunal for ESA Appeal

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7 years 2 months ago #179732 by elainep
Tribunal for ESA Appeal was created by elainep
We are now at the beginning of appealing to the tribunal against a Mandatory Reconsideration for ESA.
When we sent off the Mandatory Reconsideration to the DWP we included a letter from my sons therapist at Mind and a supporting letter from me.
Should we include these in the appeal pack at this stage?
Also do we have to include in the appeal the ESA form that was completed by my son before his reassessment last year? I would need to request this.
We have asked his doctor for a letter setting out his problems also.
So basically do all the above need attaching?
Thank you

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7 years 2 months ago - 7 years 2 months ago #179745 by slugsta
Replied by slugsta on topic Tribunal for ESA Appeal
Hi elie,

Once the DWP have been informed that your appeal has been accepted you will receive the evidence 'bundle' which will contain everything the DWP hold associated with this claim, so you do not need to send these things in again. If you think anything is missing from the bundle, you should notify the TS and let them know.

We always suggest that you include minimal information with the appeal request form and wait until you have seen the DWP submission before you write yours (you can start formulating your arguments now).

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by slugsta.

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7 years 2 months ago #179798 by elainep
Replied by elainep on topic Tribunal for ESA Appeal
Hi

Thank you for your reply.

When you say only include the minimal information on the appeal request until we receive the bundle from the DWP when do we get the chance to offer our arguments? Will it be before the hearing or on the day?

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7 years 2 months ago #179837 by slugsta
Replied by slugsta on topic Tribunal for ESA Appeal
You can make your arguments once you have seen what DWP have to say. Then you can include your rebuttal in your submission - which needs to be with the Tribunal Service at least 7 days ahead of the hearing.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: elainep

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7 years 2 months ago #180612 by elainep
Replied by elainep on topic Tribunal for ESA Appeal
Hi
The appeal papers have been sent off to the tribunal and received by them today.
Do you know how long the tribunal usually takes to say yes or no to your appeal?
If they say yes my son can go ahead with his appeal is it then we ask the DWP to put my son back onto ESA while he waits for the appeal date?

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7 years 2 months ago #180682 by Gordon
Replied by Gordon on topic Tribunal for ESA Appeal

elie wrote: Hi
The appeal papers have been sent off to the tribunal and received by them today.
Do you know how long the tribunal usually takes to say yes or no to your appeal?
If they say yes my son can go ahead with his appeal is it then we ask the DWP to put my son back onto ESA while he waits for the appeal date?


You should hear in 7-10 days, when you have written confirmation that the appeal has been accepted then you can contact the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: elainep

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