× Members

Appealing to tribunal for WRAG to Support Group.

More
5 years 3 months ago #223151 by jpg2502
I received my Mandatory Reconsideration decision today, and as expected they have kept me in the WRAG. Trying to read through it and it just looks all like gobbledygook. Almost as if they have not paid any attention at all to what I said or what the therapist said and had made up their minds before even taking anything into consideration, they also mention lack of evidence alot, what evidence are they talking about?! My psychotherapist and doctor clarified everything I said, what more can I do in regards to evidence?! I can certainly see why the vast majority of reconsideration's fail.

Anyway I am certainly taking this to appeal and my psychotherapist will be accompanying me, he has been to over 40 tribunals and won every single one, so I am hoping it goes well for me. However this is paid therapy and not NHS, so I cannot afford to take up too much of his time on this beforehand.

I am wanting to know what sort of thing I need to write up and send to the tribunals service?
I want to make sure I get it right, Also where do I find the template forms in which to print and send off?

Also, how long on average is the waiting time for ESA appeals in the south of England?

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #223184 by Gordon
Jay

The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.

In terms of presenting your case, an appeal is not much different from an MR, you need to explain how and why you meet the criteria and then show that the assessor's opinions are inaccurate and not supported by the evidence that you have supplied.

Gordon

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

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #223258 by jpg2502
Sorry I struggle to navigate round this site, where do I find the Submissions Guide? Thanks

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #223262 by Gordon

jay wrote: Sorry I struggle to navigate round this site, where do I find the Submissions Guide? Thanks


Our Guides for ESA, PIP and DLA, claims, appeals, and related subjects are available from the Members Only Guides link in the sidebar on the left of the page. Select the topic you are interested in from the new page that opens.

You can also access the ESA guides from the following link

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #223515 by jpg2502
do you know what the next step is after the tribunal court receives my forms? Also how long on average it would take to hear back from them?

And to add, do you know if there is a difference in waiting times for PIP and ESA? A friend's PIP appeal to 15 months to go to court! I am A bit miffed as to how that would work when appealing an ESA decision as I could be called for another assessment within the time frame of waiting for the appeal to.be heard by a tribunal, is that possible?!

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #223531 by Gordon
Jay

The Tribunal Service will acknowledge your request and send a copy to the DWP for them to prepare and send their submission, you will receive a copy of this.

ESA and PIP appeals are dealt with separately, once your appeal is accepted you can contact the TS and they should be able to give you an idea of current waiting times.

I'm afraid it is possible for the DWP to reassess you while you wait for your hearing.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.