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won appeal what happens now
- tim68
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11 years 2 months ago - 11 years 2 months ago #118076 by tim68
won appeal what happens now was created by tim68
In November 2011 I was informed by DWP I should apply for ESA (as well as recovering from cancer I had been diagnosed with severe depression, M.E/CFS & PTSD).
My application was turned down & in the 1st appeal for reconsideration the decision remained unchanged.
After 2 years of waiting I finally got a tribunal hearing on 13th Jan 2014 (during this period I have not received any payments), I was awarded 39 points (ATOS awarded zero points) & placed within the support group).
It is now almost 8 weeks since the hearing & I have had absolutely no correspondence from the DWP, I have made 3 phone calls & they still will not acknowledge the hearing outcome or what is happening with my case & just keep telling me if you haven't heard anything within a few weeks just call back!
Can anyone please tell me what was their experiences after winning or what should happen next with any timescale?
My application was turned down & in the 1st appeal for reconsideration the decision remained unchanged.
After 2 years of waiting I finally got a tribunal hearing on 13th Jan 2014 (during this period I have not received any payments), I was awarded 39 points (ATOS awarded zero points) & placed within the support group).
It is now almost 8 weeks since the hearing & I have had absolutely no correspondence from the DWP, I have made 3 phone calls & they still will not acknowledge the hearing outcome or what is happening with my case & just keep telling me if you haven't heard anything within a few weeks just call back!
Can anyone please tell me what was their experiences after winning or what should happen next with any timescale?
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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11 years 2 months ago - 11 years 2 months ago #118078 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic won appeal what happens now
Tim
I am surprised that you have received no payments whilst waiting for your Tribunal, I would have expected you to have been receiving the ESA Assessment rate!
We would normally expect a Tribunal result to be dealt with within 5-8 weeks, but if you are 8 weeks in and they are not even acknowledging receipt of the result then there is clearly a problem.
You should have been given a Decision Notice on the day of the Tribunal or received one through the mail within a couple of days, so your first action should be to contact the DWP again and arrange for a copy of the Notice to be sent to them, unfortunately, once this is done you may still have to wait 5-6 weeks for it to be processed.
You may be able to reduce the time by contacting your MP, but nothing is going to happen until they have a copy of the Decision,
Contacting your MP
Gordon
I am surprised that you have received no payments whilst waiting for your Tribunal, I would have expected you to have been receiving the ESA Assessment rate!
We would normally expect a Tribunal result to be dealt with within 5-8 weeks, but if you are 8 weeks in and they are not even acknowledging receipt of the result then there is clearly a problem.
You should have been given a Decision Notice on the day of the Tribunal or received one through the mail within a couple of days, so your first action should be to contact the DWP again and arrange for a copy of the Notice to be sent to them, unfortunately, once this is done you may still have to wait 5-6 weeks for it to be processed.
You may be able to reduce the time by contacting your MP, but nothing is going to happen until they have a copy of the Decision,
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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- Spridgett
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11 years 2 months ago #118080 by Spridgett
Replied by Spridgett on topic won appeal what happens now
Tim,
I know this may not be of much comfort to you but, after 14 months of waiting, I finally had my Tribunal hearing on the 17th February, 2014, which I won and gained entry into the support group. At the suggestion of this excellent site, I sent a copy of the Decision Letter I was given on the day to the Benefits Office administering my claim and, to my astonishment, all monies due to me were paid into my bank account within two weeks!
I do hope you receive your payments soon and, in the meantime, congratulations on your Tribunal success.
Spridgett
I know this may not be of much comfort to you but, after 14 months of waiting, I finally had my Tribunal hearing on the 17th February, 2014, which I won and gained entry into the support group. At the suggestion of this excellent site, I sent a copy of the Decision Letter I was given on the day to the Benefits Office administering my claim and, to my astonishment, all monies due to me were paid into my bank account within two weeks!
I do hope you receive your payments soon and, in the meantime, congratulations on your Tribunal success.
Spridgett
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- tim68
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11 years 2 months ago - 11 years 2 months ago #118082 by tim68
Replied by tim68 on topic won appeal what happens now
Thank you for your response.
On the day of the hearing I was issued with a paper outlining the hearing result, I immediately copied this & posted to DWP the same day, so should have received this within the week.
The problem is when I ask them if they have had notice from the tribunal services they tell me they don't have information like that ! so if they don't who does ?
On the day of the hearing I was issued with a paper outlining the hearing result, I immediately copied this & posted to DWP the same day, so should have received this within the week.
The problem is when I ask them if they have had notice from the tribunal services they tell me they don't have information like that ! so if they don't who does ?
Last edit: 11 years 2 months ago by Gordon.
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11 years 2 months ago #118086 by Gordon
Sounds like the usual DWP call centre rubbish.
If you have already supplied a copy of the Notice then I would phone the DWP again and ask to speak to Customers Manager, this normally requires a call back, so try and contact them early, they should be able to find out what is actually going on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic won appeal what happens now
tim68 wrote: Thank you for your response.
On the day of the hearing I was issued with a paper outlining the hearing result, I immediately copied this & posted to DWP the same day, so should have received this within the week.
The problem is when I ask them if they have had notice from the tribunal services they tell me they don't have information like that ! so if they don't who does ?
Sounds like the usual DWP call centre rubbish.
If you have already supplied a copy of the Notice then I would phone the DWP again and ask to speak to Customers Manager, this normally requires a call back, so try and contact them early, they should be able to find out what is actually going on.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tim68
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11 years 2 months ago #118089 by tim68
Replied by tim68 on topic won appeal what happens now
Thank you I will try that as my next course of action and see where it leads
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