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11 years 4 months ago - 11 years 4 months ago #95864 by Kummerzz
Replied by Kummerzz on topic Re:esa appeal
Hello

I have been waiting for my appeal since september i got letter this week to say that the original decision is being upheld so therefore the papers will be passed to the independent tribunal I am correct in thinking this should take about a month before I receive my copy of the papers and then the form for the tribunal office.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95868 by Gordon
Replied by Gordon on topic Re:esa appeal
Boscozz wrote:

Hello

I have been waiting for my appeal since september i got letter this week to say that the original decision is being upheld so therefore the papers will be passed to the independent tribunal I am correct in thinking this should take about a month before I receive my copy of the papers and then the form for the tribunal office.

It may well be quicker, but no longer than one month, although Christmas and New Year may get in the way.

Gordon

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11 years 4 months ago #95877 by Kummerzz
Replied by Kummerzz on topic Re:esa appeal
Thanks Gordon.

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11 years 4 months ago - 11 years 4 months ago #95965 by gary
Replied by gary on topic Re:esa appeal
Gordon wrote:

Gary

I believe the one month rule is defined in Regulation 24(7) of the following, I haven't been able to find a more "english" definition, so I am not 100% on this.

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

www.legislation.gov.uk/uksi/2008/2685/pdfs/uksi_20082685_en.pdf

Gordon


thanks Gordon,

Ive been told 2 different things from the dwp.
Originaly been told the reconsideration had taken place, after a phone call to them they are saying its not been decided yet and surprise they are running behind by around 4mths.
They were not running behind when they cut the payments though, this happened pretty quick.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95966 by Gordon
Replied by Gordon on topic Re:esa appeal
gary wrote:

Ive been told 2 different things from the dwp.
Originaly been told the reconsideration had taken place, after a phone call to them they are saying its not been decided yet and surprise they are running behind by around 4mths.
They were not running behind when they cut the payments though, this happened pretty quick.

It may not seem so, but it is actually a good thing that they move so quickly to stop or reduce payments as it avoids issues of overpayment, which in some cases, can take years to resolve.

If a Reconsideration has not been completed, then I am afraid there is nothing you can do but sit and wait for Decision to be made, unless of course you have any new evidence, as it sounds as if there will be time to submit for inclusion in the Reconsideration.

Gordon

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11 years 4 months ago #95970 by gary
Replied by gary on topic Re:esa appeal
Gordon wrote:

gary wrote:

Ive been told 2 different things from the dwp.
Originaly been told the reconsideration had taken place, after a phone call to them they are saying its not been decided yet and surprise they are running behind by around 4mths.
They were not running behind when they cut the payments though, this happened pretty quick.

It may not seem so, but it is actually a good thing that they move so quickly to stop or reduce payments as it avoids issues of overpayment, which in some cases, can take years to resolve.

If a Reconsideration has not been completed, then I am afraid there is nothing you can do but sit and wait for Decision to be made, unless of course you have any new evidence, as it sounds as if there will be time to submit for inclusion in the Reconsideration.

Gordon


yes theres plenty of time to go through the ESA85 now.

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