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esa appeal procedure

  • rappa
  • Topic Author
14 years 6 months ago #20402 by rappa
esa appeal procedure was created by rappa
Hi, I have appealed against esa decision and have received there letter stating that and reinstating my esa payments , do i now just wait to receive my medical documents/ bundle etc from the dwp or do i have to contact them again, as i am not on BT it costs a fortune to phone them, any ideas as to how far they are behind with appeals , it took 6mths to get the esa/medical decision! any advice please . thanks rap.
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14 years 6 months ago #20422 by Steve Donnison
Replied by Steve Donnison on topic Re:esa appeal procedure
Hi Rappa,

If they have acknowledged receipt of your appeal and reinstated your assessment phase payments, the next thing is that they should look at your case again. You will then receive a letter telling you whether they have changed the decision in your favour or whether they are forwarding your appeal to the tribunal service.

So, you don't need to do anything else. But if you want to get started on preparing your appeal, write and ask for a copy of the IB85 medical report, so that you can see what evidence the DWP used and begin to prepare your own evidence.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 6 months ago #20425 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:esa appeal procedure
Hi Rappa,

Before the DWP send your appeal to the Tribunals Service, your claim will be looked at again by a more senior DWP Decision Maker. This is called a 'reconsideration'. If that's successful, your appeal will be cancelled.

If not, it will then be be sent to the Tribunals Service office that covers your area who will arrange an appeal date. However, expect a delay of around 12 weeks or so because of the high number of ESA appeals.

Your case bundle will be sent to you by the Tribunals Service, not by the DWP, as a tribunal is a complete rehearing of your case by an independent tribunal.

There should be no need for you to telephone either the DWP or the Tribunals Service, if necessary they will contact you.

You may find this link of help which provides information about your appeal, Social Security Appeals plus there are guides in the members section on ESA appeals HERE


Hope this information is of help.

Good luck with your appeal.

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
  • rappa
  • Topic Author
14 years 6 months ago #20496 by rappa
Replied by rappa on topic Re:esa appeal procedure
many thanks for your replies, very helpful will crack on with evidence etc just in case, regards rap.
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