ESA Appeal Still Waiting 1 Year On...

Hi Everyone,

Last year i started an appeal to revise the decision of being placed in the work related activity group (risky i know), i spoke to DWP and they said they couldnt do a revision unless an appeals form is filed to get a decision maker to even pick it up and look at it.

Please bear in mind ATOS had to give me a home visit for my medical because i had medical evidence.

Also when i rang a lady i was supposed to be having a work focused interview with for the work related activity group she said she couldnt understand why i would have been placed in this group if i had to have a home visit for my medical?

They also very kindly let me have ESA at the work related group rate until the appeal is sorted but it is taking such a long time?

I contact the DWP and they just say its being passed onto someone who will revise the decision and i should get a letter within the next few weeks? this was in august.

Can anyone give me a rough idea how long this process takes or even if this is right, im worried ive got lost under a sea of appeals

Any help would be very much appreciated!

Hi miku-star

It's not correct that you have to appeal for the DWP to reconsider the decision - you can write to the DWP to request a reconsideration, which does not involve the appeals service.

You can find the latest statistics regarding how long appeals take in the FAQ thread at the top of the forum, but please bear in mind that individual cases will vary considerably depending on location and delays in requesting information from other parties.

If you were told you will receive a letter in a few weeks time back in August and you haven't heard anything it may be worth contacting JCP to ask what's happening.

Good luck

Derek

Thanks for your reply

When this all began i originally wrote to the DWP requesting somebody to revise the decision, a gentleman contacted me and said they cannot get a decision maker to look at the decision again unless i filed in an appeals form, apparently they are not available on hand, it has to be an official reason and go through the right processes.

If this is incorrect is there anything i can do about this?

Also in my letter i have specifically requested not to have the appeal go to a tribunal i just want a revision of the decision, this is because i really cannot withstand such a trauma.

I am hoping it shouldnt be much longer now.

Thanks Again

Hi miku-star

Page 6 of the ESA Appeals guide in the members' area explains Revisions and Appeals.

You can ask the DWP to look at the decision again (revision/reconsideration) and if you appeal it automatically gets reconsidered before being passed to appeal.

However, from what you have said your case is still at the reconsideration stage within the DWP. If you submitted the GL24 form and the reconsideration is unsuccessful it will automatically be passed to appeal, but you would have the option of withdrawing the appeal by writing to the tribunal if you do not wish the appeal to take place.

Regards

Derek