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ESA MEDICAL 2.5 YEARS AGO, JUST GOT APPEAL DOCS

  • LISA ARNOLD
  • Topic Author
8 years 10 months ago - 8 years 10 months ago #136860 by LISA ARNOLD
Hi
I had my esa medical on 07/11/12 got 0 points. Did mandatory reconsideration, failed still 0 points. Appeal accepted on 18/01/13 got appeal paperwork 08/03/13. Heard nothing further until 30/04/15.
In honesty i thought something had been sorted, just kept sending medical certificates etc.
Is it legal to keep me waiting this long?
In the two and a half years i have been waiting the descriptors have changed as has my pain/condition. I have changed gp recently and feel they are unable to help me as they really dont know me.
The judge kindly allowed me to cancel an appeal date as i was unable to attend. Should i contact him to point out the length of time i have waited and ask his advice?
Any thoughts would be gratefully recieved. Has anyone else waited this long?
i'm working my way through all the info on this site and am so glad i found it.
Thank you for all the work you do. :)
Last edit: 8 years 10 months ago by Gordon.

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8 years 10 months ago #136874 by Gordon
LA

Welcome to the forum

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I'm afraid there is no legal requirement for a Tribunal to be held within a particular timescale, you can make a complaint to the Tribunal Service about the delay but they may simply say that this was the earliest that the hearing could be held.

I'm afraid the Judge cannot offer you advice in regard to your appeal.

Your appeal has to be heard using the legislation that was in effect when the Decision you appealed was made so the panel cannot refer to any changes that have occurred since then.

They will also only be able to consider your health and limitations as they were at that time as well, so any improvements or deteriorations that have occurred since then will not be considered.

Have you tried to get assistance with your appeal, do an internet search for "welfare advice" with postcode, town or county.

If you have any specific questions then please reply to this post and we will do our best to help.

Gordon

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

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