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ESA appeal: timescale. Relatively normal?
- leed46
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11 years 6 months ago - 11 years 6 months ago #114887 by leed46
ESA appeal: timescale. Relatively normal? was created by leed46
Hi Folks
ESA appeal: timescale. Relatively normal?
Exactly 12 months to the day (13.12.12), my older sister received a DWP letter from the Decision Maker, advising her that she had been found not to have a limited capacity for work following an earlier WCA medical by Atos. Her entitlement to ESA was immediately terminated.
Went through the usual motions of a reconsideration (the DWP advised her on 29.03.13 that the original decision had been upheld), followed by a submission to the 1st tier tribunal for a paper-hearing appeal a week later. The last thing I heard back from HM Courts & Tribunal Service was on 05.08.13; that copies of the 42 pages of evidence and arguments attached to Appeal Form GL24 that I had submitted on behalf of my sister as her representative, had been forwarded on to the other parties …presumably they mean the DWP, so that the DWP has an opportunity to produce counter arguments and evidence?
Have tried to phone the clerk to the Tribunal (in Birmingham) to establish where the appeal is at, but no-one seems to be able to give me the correct phone number (much less onward connect me) for dealing with social security cases. So my question is this: is a 12 month wait for a paper hearing outcome unusual?
Kind regards
Leed46
ESA appeal: timescale. Relatively normal?
Exactly 12 months to the day (13.12.12), my older sister received a DWP letter from the Decision Maker, advising her that she had been found not to have a limited capacity for work following an earlier WCA medical by Atos. Her entitlement to ESA was immediately terminated.
Went through the usual motions of a reconsideration (the DWP advised her on 29.03.13 that the original decision had been upheld), followed by a submission to the 1st tier tribunal for a paper-hearing appeal a week later. The last thing I heard back from HM Courts & Tribunal Service was on 05.08.13; that copies of the 42 pages of evidence and arguments attached to Appeal Form GL24 that I had submitted on behalf of my sister as her representative, had been forwarded on to the other parties …presumably they mean the DWP, so that the DWP has an opportunity to produce counter arguments and evidence?
Have tried to phone the clerk to the Tribunal (in Birmingham) to establish where the appeal is at, but no-one seems to be able to give me the correct phone number (much less onward connect me) for dealing with social security cases. So my question is this: is a 12 month wait for a paper hearing outcome unusual?
Kind regards
Leed46
Last edit: 11 years 6 months ago by Gordon.
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11 years 6 months ago #114892 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal: timescale. Relatively normal?
Leed
The covering letter with the evidence pack should include details of the venue handling the case and the unique reference number for it, the following has contact information for each venue.
www.justice.gov.uk/tribunals/sscs/venues
Most Paper Hearings are heard quite quickly but I cannot say that a four month wait is long, it will depend entirely on how busy the venue is, Paper Hearings are usually heard on an ad hoc basis as time in the schedule opens up due to cancelled hearings.
Gordon
The covering letter with the evidence pack should include details of the venue handling the case and the unique reference number for it, the following has contact information for each venue.
www.justice.gov.uk/tribunals/sscs/venues
Most Paper Hearings are heard quite quickly but I cannot say that a four month wait is long, it will depend entirely on how busy the venue is, Paper Hearings are usually heard on an ad hoc basis as time in the schedule opens up due to cancelled hearings.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- leed46
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11 years 6 months ago #114894 by leed46
Replied by leed46 on topic ESA appeal: timescale. Relatively normal?
Thanks
That's very useful to know. Appreciate you having taken the time and trouble to reply.
That's very useful to know. Appreciate you having taken the time and trouble to reply.

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- Puccalove
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11 years 6 months ago #114896 by Puccalove
Replied by Puccalove on topic ESA appeal: timescale. Relatively normal?
I just wanted to let you know that in my experience people are more successful appealing if they have an oral tribunal. Of course it is your choice and you may prefer a paper hearing if you want things to be resolved more quickly.
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