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ESA -New to B and W and the Forum

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8 years 6 months ago #142673 by Gordon
Replied by Gordon on topic ESA -New to B and W and the Forum
Dawg

Congratulations on the Tribunal result and thank you for posting about your experience at the hearing, we know that many claimants find it an intimidating experience and your post may help to remove some of their anxiety.

You should receive back payments of the SG rate minus any payments that have already been made from the beginning of week 14 of your claim, you have also recovered the 365 days of ESA(CB) if you are moved out of the SG at a future assessment.

It usually takes the DWP 5-8 weeks to process a Tribunal result, you may be able to speed it up by making sure that they have a copy of the Decision Letter, give the office that is dealing with your claim a call to see if you can fax or email it to them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dawg

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8 years 6 months ago #142695 by slugsta
Replied by slugsta on topic ESA -New to B and W and the Forum
That's very good news Dawg! Thanks for taking the time to let us know :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Dawg

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8 years 6 months ago #142705 by Dawg
Replied by Dawg on topic ESA -New to B and W and the Forum
Thank you both for your comments and I certainly do hope that my posting about the Tribunal does indeed ease at least one persons concerns about attending. It really isn't a scary place.
The big things to remember I feel are to prepare yourself for what you want to say before you go. That way, these ever so patient Tribunal members can hear all of your verbal points and give them due consideration. Unlike the WCA, they do not rush you and are more than happy to take note of what you say right up to the end of your particular point.
While I elected in the end not to attempt typing out pages and pages in reply to the DWP response, I did highlight all the areas within their response that I wished to verbally comment on. This made it a simple case of turning the pages until I found a highlighted section, directing the Tribunal to that page and paragraph and then making my point. They were very accommodating.
Do not turn your Tribunal hearing into an opportunity to slag off the DWP, this is not the place. Just make each and every point polite as brief as you can without missing anything relevant out and do not ramble.
Be polite and remember these people are there to help you not trip you up. Think before you answer, be honest but look at everything from the point of view of your worst days, not the better /good days if there are any.
Finally, something I did not realise when completing the MR and FtT paperwork. If you have more than one part of your assessment that you disagree with, make sure that you mention all parts when asking for MR and FtT. Luckily my main point was with mobilising but I could not have had the FtT alter Standing, Sitting and Reaching as I had not request review of those points although I did still mention that there were issues with those. Be very thorough with the whole appeal process!!

My utmost thanks to all connected with BW.
D

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8 years 6 months ago #142706 by Dawg
Replied by Dawg on topic ESA -New to B and W and the Forum
Have just telephoned DWP, just over 24 hours from leaving Tribunal building. Have been told that the Tribunal Decision is already with the DM at the BC dealing with my claim.
Call handler could not speculate on how long but did advise that they are not allowed to chase DM for under 8 weeks. My reply was "is ok as I will be on the phone chasing every 2 days". A calls are logged so who knows, I may get noticed. :)

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