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6 months since appeal acknowledged - nothing since

  • chris
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11 years 1 month ago - 11 years 1 month ago #104320 by chris
My wife appealed against her ESA decision last November, and got an acknpowledgement letter, but there's been nothing since (apart from a WFI interview). That's six months. Is that normal. Should we do anything?

Sorry if this is answered elsewhere. I read the guide, and searched the forum, but couldn't find anything.
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #104324 by bro58

chris wrote: My wife appealed against her ESA decision last November, and got an acknowledgement letter, but there's been nothing since (apart from a WFI interview). That's six months. Is that normal. Should we do anything?

Sorry if this is answered elsewhere. I read the guide, and searched the forum, but couldn't find anything.


Hi c,

As you may know, once an appeal is submitted, an automatic reconsideration should be carried out by a different more senior DWP Decision Maker.

You should then be informed of the outcome of the reconsideration by letter.

If the decision is not changed in your favour, the appeal should then be sent forward to The Appeals Tribunal Service, in which case, you should receive an "Evidence Pack".

6 months after The DWP acknowledging receipt of your appeal seems a very long time to hear no more.

You may wish to contact the DWP for an update.

bro58
Last edit: 11 years 1 month ago by bro58.

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  • chris
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11 years 1 month ago #104334 by chris
I called them, and the woman answering said the current wait time is 4-6 months because of the backlog. She asked if the appeal was against a decision to put my wife in the WRAG group. I said it was. She said very few people get put in the support group, because they have to be seriously ill. I said nothing. She said "is your wife seriously ill?". I said I didn't want to discuss that on the phone, I just wanted to know the status of the appeal. She said someone would call back later today, or tomorrow. I said they could call tomorrow. I'm now wondering if they'll try to talk about my wife's illness. Following the B&W advice, my wife said in her appeal that she didn't want to dsicuss her appeal on the phone. So I suppose I can refer them to that if they try to do that.

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  • chris
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11 years 1 month ago - 11 years 1 month ago #104498 by chris
No one rang today. I'm wondering if I should persist in finding out the status of the appeal, or just leave it.
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #104505 by Gordon

chris wrote: No one rang today. I'm wondering if I should persist in finding out the status of the appeal, or just leave it.


It is obviously up to you, but if your wife is receiving Contribution Based ESA then she will only receive payments for 365 days while she remains in the WRAG, even if a Reconsideration is made now, it could still be another six months before she gets an appeal hearing. Of course, if she is also eligible for Income Related ESA this may not be an issue, but depending on your circumstances you could be worse of on ESA(IR).

Gordon

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

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11 years 1 month ago #104533 by benefits61
Chris I was in your wife's position and I waited until my CB benefit ran out before asking what the decision makers decision was. I couldn't get any response from the DWP . Please write to them and ask for a response in writing and give a date you want the reply back.. If you still don't get a response follow the complaints procedure. I had to write to the independent case examiner ICE (although they are busy too). I was told may months later by the DWP that there is a document you can ask for explaining if your case has been looked at again what the decision maker has made his decision on. My argument is if you don't know to ask for it and you never received it in the post how are you supposed to know.

I got the benefit for 2 years in the end so don't give up. log every phone call and copy every letter.


Good Luck

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