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ESA tribunal

  • Lynn Ford
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13 years 1 week ago #52005 by Lynn Ford
ESA tribunal was created by Lynn Ford
I have been waitng now for almost 15 months for my ESA tribunal and am at my wits end; the constant wait for the appointment to arrive is awful. I have been diagnosed with NPS and my condition has slowly deteriorated since my initial application, although my walking is just as limited as at the time of my medical. I have been infromed that if my condition has got worse I should inform the DWP, would this jeopardise my situation; should I wait until I have attended the tribunal to let them know of any changes? :(

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13 years 1 week ago #52011 by Steve Donnison
Replied by Steve Donnison on topic Re:ESA tribunal
Hi Lynn,

If a claimant's condition has deteriorated to a degree that it might affect the points they score then they should inform the DWP.

The tribunal will only be looking at how you were at the date of the decision, so it should not affect the outcome.

The downside is that any tribunal decision will only run until the date of a new decision on your supersession request.

So, it could be the case that you would be found incapable of work by a tribunal but only up until the date of the new decision by the DWP, which might be that you are capable of work. You would then need to appeal that decision, though you would have a very strong case if your condition had deteriorated.

But why is it taking so long? If it's down to the DWP not supplying evidence you could contact the regional tribunal office and ask for a judge to issue directions giving the DWP a deadline for submitting any evidence.

Good luck.

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 1 week ago #52021 by evaness
Replied by evaness on topic Re:ESA tribunal
With regard to why is it taking so long-

The evidence heard by the Work and Pensions Committee at the public meeting for those in the Aberdeen Burnely trial areas recently was told that appeals are now taking 18 months, with the CAB advising an absolute minimum of 6 months.
They were said to be incredulous and shocked.

The information is from the brilliant hossylass on BBC Ouch who attended the meeting and blogged live from the proceedings to the BBC website.

Is it ok to post from another website?

www.bbc.co.uk/ouch/messageboards/NF2322273?thread=8106688

Any experiences of WCA/ESA, recommendations or suggestions can be sent to the Committee at:

This email address is being protected from spambots. You need JavaScript enabled to view it.

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13 years 1 week ago #52029 by evaness
Replied by evaness on topic Re:ESA tribunal
Note to Mods:

I posted a reply to this which is showing as the last comment but the comment itself does not appear? Did it get lost when you switched this from the discussion thread?

Basically it said the time for tribunals is now up to 18 months with 6 months the minimum.

NO NEED TO POST if you can find the original, thanks

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13 years 1 week ago - 13 years 1 week ago #52033 by Crazydiamond
Replied by Crazydiamond on topic Re:ESA tribunal
When the post was moved from the BD forum to the BQ and A forum, the whole thread in its entirety should have been transferred.

There may have been a glitch however, so you last post has been published.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 1 week ago by Crazydiamond.

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