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Appeal - delays

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12 years 1 month ago #81756 by Lavender
Appeal - delays was created by Lavender
I have severe ME and submitted 13 supporting letters/reports with my ESA50 (transfer from IB) including 3 specialist consultants reports stating that I will not be well enough to work again. My OT at the ME service specifically addressed the descriptors and I should have been put in the SG on mobility at the very least.

My OT stated in Sept 2011

She is only able to walk very short distances (up to 30metres) with a walking stick on a better day. Generally she has to use a wheelchair to mobilise which she is unable to self propel…. Tasks also take her much longer to complete and she has to rest afterwards. She is also unable to complete tasks with regularity


My ESA50 was reviewed by Atos on the day of receipt and I was put in the WRAG CB ESA (without attending a medical). The Atos doctor advised that a return to work can be considered in 18 months, and that the evidence suggests that I can repeatedly walk more than 50 metres.

I appealed in the middle of November sending the paperwork to Norwich as per the decision letter. On ringing the DWP I was told that the papers had been sent to Kilmarnock.

I had a WFI in January and was told that the papers have now been sent to my local office (6 miles from my home). It is now over 3 months since I appealed and the reconsideration has not yet been done.

Are others experiencing such long delays even getting to the reconsideration stage, while the DWP merrily sends the papers all around the UK? (I am in the East of England)

BTW The WFI was fine - the advisor understanding of my problems and has put me on the longest review period possible - 6 months and will carry out the next review over the phone to save me the trouble of attending the JCP.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago #81758 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:Appeal - delays
Hi Daisy,

As you're aware ESA assessment are normally carried by your nearest local JobCentre Plus office.

However, many areas are busier than others, so in an attempt to reduce waiting times, the DWP may send your claim to a JCP + office in a different area for a decision to be reached.

Good luck.

Jim

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 1 month ago - 12 years 1 month ago #81764 by Lavender
Replied by Lavender on topic Re:Appeal - delays
Thanks Jim
That explains why my appeal papers have so far visited 3 JCP+, although it doesn't appear to have speeded up the process :(

Hopefully I will hear the outcome of the reconsideration soon.

BW
Daisy
Last edit: 12 years 1 month ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago #81771 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:Appeal - delays
Hi Daisy,

I do hope so. If not post again and we can advise you how to complain, if the reconsideration is over the average waiting time.

Good luck.

Jim

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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