DLA & ESA Tribunal dates

email to Mr Grayling with a copy to my MP sent.

Not expecting it to do much good to be honest.

Lisa

Good grief what a long wait but I can see why, all the assessments for people on IB to be transferred to ESA will be causing a lot of appeals.

First time I had to appeal IB I had to wait a year, the second time it was only 3 months.

Is that really true JIMA? the number of appeals due to poor decision has actually fallen? Is this because theyre doing more reconsiderations and reinstating benefits before proceeding to actual than actual face to face tribunals

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Mine was given as "not before 1st August 2011" and my WRO from the CAB has written to say it will now be in the New Year sometime.So my whole time from the initial filling in and sending,a recon and then to Tribunal has gone way over a year and still counting. It never ceases to amaze me how they will be able to know exactly how I was at the time, as I cant even remember myself. I have now another problem and spent week before last in hospital and dont know whether to tell the Tribunal clerks or not? It just makes me more angry when they send back saying " the original decision has not been changed" as if I care what any DM says anymore ...

If you have a few hours to spare then read Decision making and appeals in the benefits system published in February 2010 by the House of Commons Work and Pensions Committee.

lochlisa wrote:

Just checked with local Tribunal service and have been advised that my ESA appeal hearing is subjected to up to 60, yes sixty, weeks from receipt so not to expect a hearing until October 2012

my DLA is subjected to up to 68, yes sixty eight, weeks from receipt so not to expect a hearing until December 2012

This is absolutely disgraceful but just goes to show the number of cases going to appeal because of poor decisions.

This is a mockery, especially as I have been told that I should expect another ESA medical in April 2012 which is going to be before my existing appeal is even heard.

I really did burst out laughing when she told me those delays as I was shocked !

Lisa

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The waiting times for both your ESA and DLA appeals would appear to be unduly excessive and unreasonable. Therefore there is nothing to prevent you making a formal complaint to the Tribunals Service about the time you are having to wait until your appeals are heard. See HM Courts and Tribunal Service - Making a complaint.

In accordance with Article 6(1) of the Human Rights Act 1998 :-

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

What constitutes a 'reasonable time' is rather unhelpfully open to interpretation, but it may be an argument that can be put forward in pursuit of a complaint?

Another important factor is that the appeal tribunals will only be able to look down to the date of the decisions under appeal, and the longer it takes to hold the appeal hearings this may distort the facts to the extent that it may be difficult to recall them accurately well over a year since the adverse decisions were made, putting the appellant into an altogether disadvantageous position that it may very well impact adversely on the outcome of the appeals under consideration?