× Members

ESA Appeal - Is there a time limit for the DWP to

  • nickga
  • Topic Author
10 years 9 months ago - 10 years 9 months ago #105280 by nickga
Following an ATOS medical for ESA I was moved from the support to the WRAG group, this was about 3 months ago. I immediately submitted an appeal and then shortly after I received the standard response letter. I heard nothing further until this week when I received another standard response letter - but this time from a Benefit Delivery Centre at the other end of the country!

Being at a mandatory WRAG Jobcentre interview, I asked about this and was told that appeals are being moved all over the country because the DWP are [unsurprisingly] inundated with appeals. However the man dealing with me said that there was a time limit between submitting an appeal and the DWP making a decision, (either a review with a positive outcome or notification that it was going to a tribunal). He also said if this time was exceeded, I would win the appeal by default

He didn't know what the time limit was but was sure it existed. Has anyone ever heard of this, and if so what is the limit?

Thanks
Last edit: 10 years 9 months ago by bro58.

Please Log in or Create an account to join the conversation.

  • bro58
10 years 9 months ago #105281 by bro58

nickga wrote: Following an ATOS medical for ESA I was moved from the support to the WRAG group, this was about 3 months ago. I immediately submitted an appeal and then shortly after I received the standard response letter. I heard nothing further until this week when I received another standard response letter - but this time from a Benefit Delivery Centre at the other end of the country!

Being at a mandatory WRAG Jobcentre interview, I asked about this and was told that appeals are being moved all over the country because the DWP are [unsurprisingly] inundated with appeals. However the man dealing with me said that there was a time limit between submitting an appeal and the DWP making a decision, (either a review with a positive outcome or notification that it was going to a tribunal). He also said if this time was exceeded, I would win the appeal by default

He didn't know what the time limit was but was sure it existed. Has anyone ever heard of this, and if so what is the limit?

Thanks


Hi ng,

I am afraid that you have been misinformed.

There is no such time limit for reconsiderations, where the appellant "wins" by default if it is not adhered to.

One of the main issues with Mandatory Reconsiderations, if/when they come into force is that there will be no stipulated time limit on how long the reconsideration can take before the claimant is allowed to appeal to The Tribunals Service.

There used to be a guideline of around 11 weeks for a reconsideration to take place. However, we have members who have heard regarding this within a matter of a week or so, and others where it has taken many months.

If a claimant has any fresh evidence regarding their appeal/reconsideration, they should forward it to The DWP ASAP, to stand the best chance of success at that stage,therefore avoiding the lengthy wait for an appeal hearing.

bro58

Please Log in or Create an account to join the conversation.

  • bro58
10 years 9 months ago - 10 years 9 months ago #105284 by bro58

bro58 wrote:

nickga wrote: Following an ATOS medical for ESA I was moved from the support to the WRAG group, this was about 3 months ago. I immediately submitted an appeal and then shortly after I received the standard response letter. I heard nothing further until this week when I received another standard response letter - but this time from a Benefit Delivery Centre at the other end of the country!

Being at a mandatory WRAG Jobcentre interview, I asked about this and was told that appeals are being moved all over the country because the DWP are [unsurprisingly] inundated with appeals. However the man dealing with me said that there was a time limit between submitting an appeal and the DWP making a decision, (either a review with a positive outcome or notification that it was going to a tribunal). He also said if this time was exceeded, I would win the appeal by default

He didn't know what the time limit was but was sure it existed. Has anyone ever heard of this, and if so what is the limit?

Thanks


Hi ng,

I am afraid that you have been misinformed.

There is no such time limit for reconsiderations, where the appellant "wins" by default if it is not adhered to.

One of the main issues with Mandatory Reconsiderations, if/when they come into force is that there will be no stipulated time limit on how long the reconsideration can take before the claimant is allowed to appeal to The Tribunals Service.

There used to be a guideline of around 11 weeks for a reconsideration to take place. However, we have members who have heard regarding this within a matter of a week or so, and others where it has taken many months.

If a claimant has any fresh evidence regarding their appeal/reconsideration, they should forward it to The DWP ASAP, to stand the best chance of success at that stage,therefore avoiding the lengthy wait for an appeal hearing.

bro58


Just to add to the above,

We have heard from several members in recent times where a reconsideration has taken place, and they were not made aware of the reconsidered decision.

They only found out by requesting an update of where the reconsideration process was up to.

All decisions including those made as a result of a reconsideration must be communicated to the claimant in writing, by law, as such decisions carry the right to appeal.

This, unfortunately is not happening in some cases.

bro58
Last edit: 10 years 9 months ago by bro58.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.