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Appeals Officer revises decision before tribunal

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12 years 1 month ago #84480 by Dalglish60
Bro58

Thank you for clarifying this issue for me. I am very grateful.

I read somewhere in another post that the DWP can typically take between 6 - 8 weeks before arranging component group backpayments.

Just have to wait for the DWP to actually send the award letter etc.

Thanks again.

ngup67

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12 years 3 weeks ago #84586 by Dalglish60
My preceding queries have been kindly answered by the moderators et al. For which I am very grateful.

5 weeks have now passed since the formal letter from the local Tribunal office arrived to tell meof the favorable revised decision. Also 3 weeks have now passed since I wrote to my local DWP office requesting written confirmation of my successful ESA award. The DWP have still not responded to my request.

Is it generally the current trend for the DWP to wait for 6 to 8 weeks before contacting people about component group backpayments. If you only get NI credits like myself because I don't have enough NI contributions do they consider this adverse and able to reduce what's owed to claimants.

Because I caln't cope with speaking to the DWP by phone I am now forced to send the DWP a subject access request.

Having won my appeal, what documents should I request so that I have DWP paperwork to refer to when it's time for my ESA assessment again?

Should I go with the SAR template provided for download on this forum or use the one the DWP provides which can be downloaded from the link below?

I apologise for the exhaustive query.

www.dwp.gov.uk/docs/request-for-personal-information.rtf

ngup67

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12 years 3 weeks ago #84599 by Gordon
N1967

Even on a good day, back payments take about six weeks to process, and our understanding is that the DWP as a whole is struggling to cope with its current load and many processes are consequently being delayed.

I am not sure that the submitting a SAR will be the most effective method to produce the result you are seeking.

If you can't call the DWP yourself, would it be possible for a relative or friend to make the call on your behalf? You may need to authorise the DWP to speak to them, but the bulk of the call could be handled by your representative.

Gordon

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12 years 5 days ago #85762 by Dalglish60
Dear moderators/signposters.

Last Thursday I was able to speak to my local DWP office.

To cut a long story short. My appeal date/hearing for ESA was cancelled (lapsed for a more favourable decision) 2 weeks before I was due to attend. My CAB adviser informed later that my appeal was successful and I was awared ESA including WRAG.

However last Thursday's chat by phone with the DWP resulted in them telling me the lapsed/favourable decision was made by the tribunal panel on the 27th February 2012. The kind lady who I have to admit was very understanding indeed also told me that I have in fact been awarded ESA inc Support Group which will be backdated to early August 2011.

Only problem is on Thursday she said they are currently working on successful appeals from my area that were sanctioned on the 22nd February 2012. Hence it's been processed chronilogically and could not/did not want to estimate and give me false hope that it would be not long to wait. She admitted they just don't have enough staff to process ESA awards/calculate back pay allied to successful appeals.

Meanwhile it's 9 weeks today since the successful decision was made and I have to accept the DWP backlog etc and remain in receipt of the basic ESA assessment benefit rate.

I got a letter from the DWP this morning and thought an acceleration of processing maybe but it was just a P60U form allied to the amount of benefit I've received since last April.

Briefly what should I expect in the post when they do send all the award paperwork etc?

I was just about ready to give up the appeal process in January as it was taking it's toll on me regarding my health issues etc.

But reading successful appeal accounts on the forum and taking advice from the moderators/signposters, it somehow spurred me on day by day.

Without this invaluable informative forum and the download literature available I couldn't have coped trying to understand the complexities of ESA.


Thank you one and all.

ngup67

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 5 days ago #85768 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Appeals Officer revises decision before tribunal
Glad to hear of your success, and thank you for returning to tell us about it.

It really does give help other members in a similar position to you.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 5 days ago #85770 by slugsta
Just think - you'll get a useful sum of money by the time they get round to paying it!

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