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getting really stressed & angry
- Metallichick
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12 years 4 weeks ago - 12 years 4 weeks ago #83978 by Metallichick
getting really stressed & angry was created by Metallichick
As i have already mentioned i had my ESA appeal on 14th february (now 6 weeks ago) and won. I left it some weeks before ringing the dwp to see how long it would be to be processed. I got a ring back & was told they only received the information on 7th March and would be processed within the next week. I gave them a week then rang back to check on the claim? Another ring back & was told they are in the process of doing it and i would hear in 3 days? I let it go over another week and rang yesterday early in the morning, again another ring back. This time i was told they hadn't received any paperwork from the appeals and asked me to fax them my copy. So i got my hubby to pop home from work to get the paperwork so he could fax it at work for me. I rang back 4 hours later to confirm they had received it but said they hadn't & as they were closing at 5pm they would get someone to ring me this morning, which they did. I've now been told that they didn't recieve any fax yesterday but they have had the paperwork from the tribunal since February? They have now got to what for the DM to take a look at it again and make a decision???? This could take up to a couple of weeks??
I'm getting really fed up with the run around, why does the DM have to take another look at my claim and make a decision? Surely the appeal decision is final?
Any advice, all this messing about is really taking its effect on my illness and to top it all, come April 30th its going to stop anyway as my ESA is CB & my hubby works 40hr pw so i can't get ESA/IR anyway....
I'm getting really fed up with the run around, why does the DM have to take another look at my claim and make a decision? Surely the appeal decision is final?
Any advice, all this messing about is really taking its effect on my illness and to top it all, come April 30th its going to stop anyway as my ESA is CB & my hubby works 40hr pw so i can't get ESA/IR anyway....
Last edit: 12 years 4 weeks ago by Gordon.
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12 years 4 weeks ago #83980 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:getting really stressed & angry
Metallichick
Without trying to worry you further, a Tribunal Decision is not entirely final, like you, the DWP have the right to appeal the Decision if they believe there has been a Error of Law. As a result a DWP Decision Maker will review the Tribunal result before allowing back payments to be released, in reality, the DWP very, very rarely challenge a Tribunal Decision.
Unfortunately, the back end of the ESA process, is being affected by the overloading of the system caused by the IB/SDA/IS transfer process, as much as the front end. It typically takes the DWP six weeks to sort out back payments from a Tribunal, but I would expect you could easily add a couple more weeks to this at the moment.
Hopefully, everything will go through cleanly and you will soon receive payment.
Gordon
Without trying to worry you further, a Tribunal Decision is not entirely final, like you, the DWP have the right to appeal the Decision if they believe there has been a Error of Law. As a result a DWP Decision Maker will review the Tribunal result before allowing back payments to be released, in reality, the DWP very, very rarely challenge a Tribunal Decision.
Unfortunately, the back end of the ESA process, is being affected by the overloading of the system caused by the IB/SDA/IS transfer process, as much as the front end. It typically takes the DWP six weeks to sort out back payments from a Tribunal, but I would expect you could easily add a couple more weeks to this at the moment.
Hopefully, everything will go through cleanly and you will soon receive payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 4 weeks ago - 12 years 4 weeks ago #83981 by Metallichick
Replied by Metallichick on topic Re:getting really stressed & angry
Thank you Gordon
To be honest i'm more annoyed with the run around, being told they have the papers, then they haven't & now they have after all. I can understand that it could take a while for the back pay to be sorted out as they have to go right back to may of last year. But to have to wait this long just to get put into the correct group is madness!!!
You say on very rare occasions the DWP challenge a tribunal decision, if this was to happen would they have to do this within a time limited and inform us like we do the other way around?
To be honest i'm more annoyed with the run around, being told they have the papers, then they haven't & now they have after all. I can understand that it could take a while for the back pay to be sorted out as they have to go right back to may of last year. But to have to wait this long just to get put into the correct group is madness!!!
You say on very rare occasions the DWP challenge a tribunal decision, if this was to happen would they have to do this within a time limited and inform us like we do the other way around?
Last edit: 12 years 4 weeks ago by Gordon.
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12 years 4 weeks ago #83983 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:getting really stressed & angry
Metallichick
The rules are the same for the DWP as for you, so they had one month from the date of the Tribunal Decision to request a Statement of Reasons, unfortunately a SoR can often take 3 months to be produced.
Once received, and you would receive a copy as well, they can then challenge the Decision.
I do want to stress that it really is very rare for the DWP to challenge a Tribunal Decision, the delay is more likely to be the result of DWP efficiency.
Gordon
The rules are the same for the DWP as for you, so they had one month from the date of the Tribunal Decision to request a Statement of Reasons, unfortunately a SoR can often take 3 months to be produced.
Once received, and you would receive a copy as well, they can then challenge the Decision.
I do want to stress that it really is very rare for the DWP to challenge a Tribunal Decision, the delay is more likely to be the result of DWP efficiency.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 4 weeks ago - 12 years 4 weeks ago #83985 by Metallichick
Replied by Metallichick on topic Re:getting really stressed & angry
Thank you Gordon
Last edit: 12 years 4 weeks ago by Gordon.
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