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Esa tribunial appeal

  • Mike
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12 years 6 months ago #72780 by Mike
Esa tribunial appeal was created by Mike
Dear all, Can you please tell me the length of time it takes for the tribunial to hear my case,it started in October 2011, now it is november. Thanks

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12 years 6 months ago - 12 years 6 months ago #72782 by Crazydiamond
Replied by Crazydiamond on topic Re:Esa tribunial appeal
In the current year, the average actual clearance time between the Department’s receiving an appeal and its being lodged with Her Majesty’s Courts and Tribunals Service was 35.2 days. This includes the time allowed for individuals to produce new evidence about their circumstances. The average time taken from receipt of an appeal at HMCTS to the date of the first appeal hearing was 23.2 weeks. That information covers 1 April to 31 August 2011, the latest period for which figures are available.

It therefore averages at 35.2 days plus 23.2 weeks from GL24 submitted to Tribunal date. The days quoted are presumed to relate to working days so it is 7 weeks plus 23.2 weeks equaling 30.2 weeks which is approx 8 months overall, plus with ongoing migration the waiting times can only get worse.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 6 months ago by Crazydiamond. Reason: Amended information.

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12 years 6 months ago #72842 by penthesili
Replied by penthesili on topic Re:Esa tribunial appeal
Crazydiamond,
am I correct in thinking that it's possible to put in a second claim once the waiting time for an appeal has gone past six months from the date the original decision not to grant ESA Limited Capacity to work, under the 'six month rule'?
Sorry to trouble you with this, but it's just something I wanted to sort out in my own mind for the future if it's needed.

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12 years 6 months ago #72844 by Crazydiamond
Replied by Crazydiamond on topic Re:Esa tribunial appeal
Yes, it is indeed possible to reclaim ESA once 26 weeks has elapsed since the date of the original adverse ESA decision.

I hope this answers your question?

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12 years 6 months ago #72846 by Gordon
Replied by Gordon on topic Re:Esa tribunial appeal
penthesilie wrote:

Crazydiamond,
am I correct in thinking that it's possible to put in a second claim once the waiting time for an appeal has gone past six months from the date the original decision not to grant ESA Limited Capacity to work, under the 'six month rule'?
Sorry to trouble you with this, but it's just something I wanted to sort out in my own mind for the future if it's needed.

Yes you can, but be aware that you can only receive payment for one claim and depending on the result of a second claim, you may be limiting any back payments you might receive from from a Tribunal.

Gordon

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

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12 years 6 months ago #72849 by penthesili
Replied by penthesili on topic Re:Esa tribunial appeal
Crazydiamond, Gordon
Thank you both so much for taking the time to set my mind at rest. I thought I remembered something along those lines being said, but my memory is so bad these days I needed it confirmed by someone in the know.
Many thanks for all the good work you do, Penthesilie.

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