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ESA pending appeal and backdatings

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9 years 3 weeks ago #156890 by Gordon
Replied by Gordon on topic ESA pending appeal and backdatings

SCHOPENHAUER wrote: Gordon,

I would like to apologize about yesterday. I probably overreacted. I have fully read item 1 as you suggested, and, as said, I will keep all the questions in the same topic.

Cheers.
Schopenhauer


Don't worry about it, claiming benefits is stressful, we understand that sometimes it can spill into the forum, we just ask members to remember that we have to/are going through these processes ourselves,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 3 weeks ago #157001 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Thanks, Gordon.

Reality is, the ESA problems are the least of my problems. But I agree about what you said. Apologies again. I did not know that you and the other moderators have your own health problems.

Cheers
Schopenhauer.

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9 years 3 weeks ago #157177 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Hi, I now received a letter from the court about the hearing which will take place in 3 weeks. I am quite surprised as it's only been about one week since I have received the bundle of papers from the DWP in response to my appeal request.

This doesn't really give me any time for me to collect evidence from doctors, etc. I barely started to talk to my representative about it all.

How long does it normally takes for the court to set the hearing after the DWP sends the papers? I thought it would take months. Am I wrong? Thanks

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9 years 3 weeks ago #157179 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
forgot to mention, in the letter the court asks that if I have 'new evidence' (as if I already had all the time I needed to collect it in the first place), I should even send it to them -at least- 7 days before the hearing takes place. In summary:

my ESA was stopped on 8 December 2015

the court wrote to me on 22 February 2016 advising that they had accepted my request for an appeal

I received the DWP's response on 17 April

on 23 April, today, I received a letter from the court where they advise the hearing has been set for the 13th of May ( less than 3 weeks from now).

Does all this seems standard practice? Thanks

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9 years 2 weeks ago #157241 by Gordon
Replied by Gordon on topic ESA pending appeal and backdatings

SCHOPENHAUER wrote: Hi, I now received a letter from the court about the hearing which will take place in 3 weeks. I am quite surprised as it's only been about one week since I have received the bundle of papers from the DWP in response to my appeal request.

This doesn't really give me any time for me to collect evidence from doctors, etc. I barely started to talk to my representative about it all.

How long does it normally takes for the court to set the hearing after the DWP sends the papers? I thought it would take months. Am I wrong? Thanks


It's unusual for a hearing to be so quick but it does happen, I'm afraid the court will take the view that at the very least you have had since you requested the appeal to source any additional evidence.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 2 weeks ago - 9 years 2 weeks ago #157242 by Gordon
Replied by Gordon on topic ESA pending appeal and backdatings

SCHOPENHAUER wrote: forgot to mention, in the letter the court asks that if I have 'new evidence' (as if I already had all the time I needed to collect it in the first place), I should even send it to them -at least- 7 days before the hearing takes place. In summary:

my ESA was stopped on 8 December 2015

the court wrote to me on 22 February 2016 advising that they had accepted my request for an appeal

I received the DWP's response on 17 April

on 23 April, today, I received a letter from the court where they advise the hearing has been set for the 13th of May ( less than 3 weeks from now).

Does all this seems standard practice? Thanks


The minimum period is four weeks from the date on the DWP package, which they seem to have given you.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 2 weeks ago by Gordon.
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