Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: ESA WCA

ESA WCA 11 months 1 week ago #167948

  • Mrs Hurtyback
  • Away
  • Posts: 9022
Hi MSmini,

I am sorry, but not surprised, that the MR did not go in your favour :(

You do not have to go into great detail when you fill out the appeal request form.

After a few weeks you will be sent the appeal 'bundle' that contains everything the DWP have relating to this claim, including the assessor's report and their reply to the appeal. When you have this you can then send in your submission. You can start formulating something now but will need to see what DWP say before you can complete it.

The tribunal will want to know how and why you meet the descriptors. You might have to comment on parts of the report that are at variance with the facts but the tribunal will not be interested in hearing everything that was wrong with it - they will pay far more attention to your evidence on the day than to the report.

The process is explained in the ESA guide.
The following user(s) said Thank You: MSmini

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

ESA WCA 8 months 3 weeks ago #175002

Hi, I had a text message from DWP on 18.10.16 saying that they have had a notification from the courts and will be sending in their reports within 28 days. I have just today had a text saying that they (DWP) have now sent in their papers to the courts.

I haven't had any papers from the DWP. How long have I got to wait for the DWP's response to the courts?

Please Log in or Create an account to join the conversation.

ESA WCA 8 months 3 weeks ago #175014

Just a thought. Have I got to write a report on my condition to the courts prior to the appeal hearing?

Please Log in or Create an account to join the conversation.

ESA WCA 8 months 3 weeks ago #175019

MSmini wrote: Hi, I had a text message from DWP on 18.10.16 saying that they have had a notification from the courts and will be sending in their reports within 28 days. I have just today had a text saying that they (DWP) have now sent in their papers to the courts.

I haven't had any papers from the DWP. How long have I got to wait for the DWP's response to the courts?


Give it a week, the DWP should be sending you a copy of their submission.

Gordon
The following user(s) said Thank You: MSmini

Please Log in or Create an account to join the conversation.

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

ESA WCA 8 months 3 weeks ago #175021

MSmini wrote: Just a thought. Have I got to write a report on my condition to the courts prior to the appeal hearing?


You don't have to but we would recommend that you do.

Gordon

Please Log in or Create an account to join the conversation.

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

ESA WCA 7 months 1 week ago #178452

Hi
At long last! I have today received my tribunal date. I will now write my report to be sent to the court at least 7 days before the hearing.

Do I concentrate on my problems and how it affects me on a daily basis even if it does mean contradicting the HCP?

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs Hurtyback