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Going ahead with tribunal or waiting for new form?

  • bro58
10 years 10 months ago - 10 years 10 months ago #106019 by bro58
Replied by bro58 on topic Going ahead with tribunal or waiting for new form?

grace wrote: This site and your help is just so invaluable!!!

After having 2 date-stamped DLA forms since last July (the most recent needing to be submitted in January), I finally found an advisor to do a home-visit. They weren't keen on providing lots of detail and examples (possibly because they're so busy), and didn't suggest me sending in lots of the medical evidence I have because in their opinion it was outdated. After being told decisions take 8-12 weeks, I got a reply after 10 days!!! of no award because the only medical evidence they had was my WRA assessment, and it was still within the 6-month validity period. I was distraught but since learnt that they turn about 50% initial claims down. So I pushed my brain to read your DLA guide and provided a lot more detail to certain answers and a lot of my medical evidence, and sent it off within the 1 month deadline for an appeal (although I'm obviously hoping for the revision to be successful).

In a few days I will start on the ESA appeal, reading the guide and following its suggestions. But doing that will help prepare me somewhat, I assume, for the new ESA50. But being so ill I do things so slowly and I'll need a break before completing the new ESA50. But this time round I'm going to be so prepared for answering the ESA50.

I know there's no guarantee that posts will be answered so I really appreciated your replies! Thank you.


Hi g,

All the Moderators do their best where they can within the remit of the forum.

We totally understand your comments regarding being ill and having to do things slowly.

This would be the advantage of making a start on your impending ESA50, as you can do a bit at a time, edit, save, and then return to it.

You are only allowed 4 weeks to return the ESA50 once that it is received through the post, so that really equates to around 3 weeks allowing for posting and delivery.

I know from personal experience that the time given soon passes.

If you Bookmark/Favourite this page, you can return to the topic and pose any further queries if and when they crop up.

This will helps the Moderators with continuity, if they can view your historical posts all on one topic. :)

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 10 months ago #106021 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 Going ahead with tribunal or waiting for new form?

I know there's no guarantee that posts will be answered so I really appreciated your replies! Thank you.


With the dedicated team of moderators we now have, I cannot recall any posts not being replied to for a very long time, even if it means moderators replying to posts when the forum is closed which members can then read when the forum reopens.
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

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10 years 10 months ago - 10 years 10 months ago #106307 by grace
Replied by grace on topic Deadline for Providing Tribunal Grounds?
My ESA first tribunal service letter, the end of April, said I was to provide further evidence as soon as possible. May-June I've been dealing with my DLA claim then appeal. Is it a problem that I might only submit the grounds/further evidence in a few weeks' time. I've written to them stating that I will send it in as soon as I'm able to, but being so ill it is very slow-going. I'm doing my best but I also have to attend to non-benefit things! Their April letter said they're taking 10-14 weeks to provide hearing dates - it's been 8 weeks.

Also, is it normal for them to photocopy the enquiry form and send it back to me thereby confirming receipt of it? My advisor, after a home-visit, posted it (but didn't suggest photocopying it or that they would get a proof of postage - I'm now doing both with everything I send) but I never received acknowledgement they'd got it. I've written to the tribunal service but haven't yet had confirmation.

Thanks!
Last edit: 10 years 10 months ago by Gordon.

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10 years 10 months ago #106313 by Gordon
Replied by Gordon on topic Deadline for Providing Tribunal Grounds?

grace wrote: My ESA first tribunal service letter, the end of April, said I was to provide further evidence as soon as possible. May-June I've been dealing with my DLA claim then appeal. Is it a problem that I might only submit the grounds/further evidence in a few weeks' time. I've written to them stating that I will send it in as soon as I'm able to, but being so ill it is very slow-going. I'm doing my best but I also have to attend to non-benefit things! Their April letter said they're taking 10-14 weeks to provide hearing dates - it's been 8 weeks.

Also, is it normal for them to photocopy the enquiry form and send it back to me thereby confirming receipt of it? My advisor, after a home-visit, posted it (but didn't suggest photocopying it or that they would get a proof of postage - I'm now doing both with everything I send) but I never received acknowledgement they'd got it. I've written to the tribunal service but haven't yet had confirmation.

Thanks!


Officially claimants have one month from the date on the evidence pack to collect and send their evidence to the Tribunal Service, however, the TS will usually accept any documents you have up until two weeks before the hearing, later than and the claimant risks the possibility of the hearing being adjourned.

You should receive two weeks notification of the actual hearing date.

If your advisor was identified on the TS form you completed then this would explain why you received a copy of it, if they are no longer advising you then you should notify the TS so they no longer receive a copy of any documents in relation to your case.

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

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10 years 10 months ago - 10 years 10 months ago #106340 by grace
Replied by grace on topic Deadline for Providing Tribunal Grounds?
Thanks for your reply, Gordon.

There was a mess-up (not mine) with the revision 1-month period (Feb/Mar) so I missed that deadline but the DWP still accepted my appeal request when I explained. The revision (unsuccessful) was done in April, which is when they passed my docs onto the tribunal service. I hadn't been able to find a benefits advisor to do a home-visit until May. So I hadn't submitted a grounds for appeal document with further evidence during that 1 month; these are the documents I'm talking about still submitting.

Are there cons to the hearing being adjourned? My new ESA50 is due to come mid-August so, because I do things so slowly, I'm wanting to start doing it July. I absolutely have to do it properly this time with B&W's guides. This means I only have a couple of weeks now to do my 'old' ESA appeal. My advisor can't do any more home-visits, nor can they represent me; they're not keen on providing much detail so although they've provided a very summarised/brief grounds document I've realised it's up to me to read on B&W and do it myself in detail. There's no-one to help me and I can only do things as 'quickly' as I'm able to. How long am I likely to wait for another hearing?
Last edit: 10 years 10 months ago by Gordon.

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10 years 10 months ago #106344 by Gordon
Replied by Gordon on topic Deadline for Providing Tribunal Grounds?

grace wrote: Thanks for your reply, Gordon.

There was a mess-up (not mine) with the revision 1-month period (Feb/Mar) so I missed that deadline but the DWP still accepted my appeal request when I explained. The revision (unsuccessful) was done in April, which is when they passed my docs onto the tribunal service. I hadn't been able to find a benefits advisor to do a home-visit until May. So I hadn't submitted a grounds for appeal document with further evidence during that 1 month; these are the documents I'm talking about still submitting.

Are there cons to the hearing being adjourned? My new ESA50 is due to come mid-August so, because I do things so slowly, I'm wanting to start doing it July. I absolutely have to do it properly this time with B&W's guides. This means I only have a couple of weeks now to do my 'old' ESA appeal. My advisor can't do any more home-visits, nor can they represent me; they're not keen on providing much detail so although they've provided a very summarised/brief grounds document I've realised it's up to me to read on B&W and do it myself in detail. There's no-one to help me and I can only do things as 'quickly' as I'm able to. How long am I likely to wait for another hearing?


There is no guarantee that they will adjourn the hearing, they may take the view that you have had plenty of time to provide any documents you want the panel to consider and will go ahead with the hearing, there are certainly cases where this has happened where a representative has been involved.

You can get a better idea of when your appeal might be heard by contacting the Tribunal Service, they should be able to tell you what the current waiting time for your local venue is.

I realise the mental and physical effort that completing these forms and other documents can take, I have just completed a form for myself, but if you want to win your appeal you need to give it some thought to how you will present your case.

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

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