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11 years 8 months ago - 11 years 8 months ago #88903 by ROSIE75
general help was created by ROSIE75
Hi, I was wondering if you could answer a couple of questions for me. Firstly, I am currently in the WRAG and am waiting to hear about the reconsideration of my appeal. Meanwhile, sometime next month I am due to have another review. Now, when I am sent out the ESA50 form to fill in, will I get a month to do so, like normal?

Secondly, if my appeal is not changed in my favour how long do I have to decide whether I want to carry on and go to a tribunal or whether I just want to leave the appeal and carry on in the WRAG?

Many thanks.
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #88905 by Gordon
Replied by Gordon on topic Re:general help
ROSIE75 wrote:

Hi, I was wondering if you could answer a couple of questions for me. Firstly, I am currently in the WRAG and am waiting to hear about the reconsideration of my appeal. Meanwhile, sometime next month I am due to have another review. Now, when I am sent out the ESA50 form to fill in, will I get a month to do so, like normal?

Secondly, if my appeal is not changed in my favour how long do I have to decide whether I want to carry on and go to a tribunal or whether I just want to leave the appeal and carry on in the WRAG?

Many thanks.

Yes, you will have four weeks to complete and reurn the ESA50.

If the Reconsideration is not in your favour, then you will receive an evidence pack from the DWP, either with that pack, or shortly afterwards, you will be sent a consent form from the Tribunal Service, to confirm you want to proceed with the hearing, this must be completed if you want to go ahead, but you can still withdraw the appeal at any time there after with no fault.

Gordon

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

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11 years 8 months ago - 11 years 8 months ago #88998 by ROSIE75
Replied by ROSIE75 on topic Re:general help
Thanks for that. Is it right that I will have 2 weeks to send back the consent form for my tribunal? Also, how long, roughly, could it take between me sending back the consent form and having the actual tribunal?

Lastly, if someone has a representative with them for their tribunal who would this usually be and do most people who have tribunals tend to have a representative or not? Would I have less chance of winning my appeal if I didn't have a representative with me? Many thanks again.
Last edit: 11 years 8 months ago by Gordon.

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11 years 8 months ago #89005 by Gordon
Replied by Gordon on topic Re:general help
ROSIE75 wrote:

Thanks for that. Is it right that I will have 2 weeks to send back the consent form for my tribunal? Also, how long, roughly, could it take between me sending back the consent form and having the actual tribunal?

Lastly, if someone has a representative with them for their tribunal who would this usually be and do most people who have tribunals tend to have a representative or not? Would I have less chance of winning my appeal if I didn't have a representative with me? Many thanks again.

Yes, I believe you have 14 days in which to return the confirmation form.

The time for appeals varies by region, but are on average taking 6-9 months to be held for an Oral hearing, which you attend.

Statistically, having a representative raises the liklihood of you winning your appeal, however, most hearings are decided on the day by the panel questioning the claimant, so not having one, may not be significant.

More and more claimants are having problems finding Representatives so it may not be an option, and often they will not take on a case, unless they were the ones who filed the appeal request, see

Where to get advice?

Gordon

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

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11 years 8 months ago #89006 by ROSIE75
Replied by ROSIE75 on topic Re:general help
Thanks for that. Just to clarify, who can people have as their representative at a tribunal? Sorry for going on.

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  • bro58
11 years 8 months ago #89007 by bro58
Replied by bro58 on topic Re:general help
ROSIE75 wrote:

Thanks for that. Just to clarify, who can people have as their representative at a tribunal? Sorry for going on.


Hi R75,

You can try and obtain professional representation from CAB or a similar agency, or you can literally nominate any willing person to represent you.

bro58

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