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I have filled in the form for a tribunal - how long will it take?

cath61cath61 Member Posts: 28 Listener
I couldn't manage to go for my health assessment due to change in my medications they completely knocked me out. I sent in my fit note in and an AE later to say i had been there a few weeks beforehand has my osteoarthritis had got worse and now i have it in the chest which is very painful .
ESA said they did not recive my information even though i posted one lot and had 2 lots scaned in at my local job centre, and they are now saying even though they have received the information they will not reverse the decision. 
So i have filled the form for tribual and i was wondering how long will it take and does any one know if i will get any money has ive haf nothing now since may 
Thank you for any help 

Replies

  • Liam_AlumniLiam_Alumni Scope alumni Posts: 1,113 Pioneering
    Hi @cath61,

    Welcome to Scope's online community! It's great to have you here.

    I'm sorry to hear about the problems you've been having with ESA. I've moved this post to our Ask a Benefits Advisor category, where @BenefitsTrainingCo may be able to advise when it comes to timeframes and when you can expect to hear back.

    If you do want to find out more about the status of your ESA claim, then the number for ongoing claims is 0345 608 8545, which you can call from Monday to Friday, 8am to 6pm.

    I hope this helps. If you have any other questions, then please do get in touch.
    Liam
  • cath61cath61 Member Posts: 28 Listener
    Thank you for you help  >:)o:)
  • lexy1973lexy1973 Member Posts: 2 Listener
    I sent my form back December 2016 and have my hearing September 2017!
  • cath61cath61 Member Posts: 28 Listener
    Wow such a long time to wait it's so unfair 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi cath61

    The time it takes between submitting the appeal form and the hearing taking place can vary a great deal. The latest official statistics says it is an average of 17 weeks at the moment.

    I hope this helps
    David 
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cath61cath61 Member Posts: 28 Listener
    Ok thank you 
    could you tell me if they should reinstate my housing benefit now the tribunal have taken the case 
    thank you 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi @cath61

    Your Housing Benefit and ESA are not strictly speaking linked, therefore it has probably only stopped as the council are not aware of what your current finances are, and will not be notified of this by either the benefit agencies or the Tribunal.

    You need to let them know your current financial circumstances and they should re-instate your claim - however if it has lapsed you may need to re-claim. Contact the council and they will tell you whether they just need the evidence of your current circumstances, or whether you need to re-claim.

    Hope this helps.

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cath61cath61 Member Posts: 28 Listener
    thank you for your advice
    Yes i have sent all my documents in, that they asked for i did this on the 22 may and on the 3 july. every time i ask about my benefit they just say its with an assessor this is taking too long i need to have my benefit to pay my rent   

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    @cath61

    It can lead to all sorts of difficulties when through no fault of your own you are unable to attend  a medical.     

    Given that you gave all the requested information to Housing Benefit over 4 weeks ago, it is worth contacting them to ask why there is  a delay in deciding your claim.  How long has Housing Benefit stopped? 

    You mentioned that your appeal hearing is in September 2017 after your appeal was submitted in December 2016. You also mentioned that you have had nothing to live off since May.  Was this May 2016 or 2017? 

    If you have  a hearing in September, you must have received the appeal papers. The appeal papers are around 40-80 pages long and contain the reasons why ESA was refused, and copies of at relevant application forms.   Do these papers contain the AE letter you mentioned in your first post and up to date information on your medication?  This will be important information for the tribunal. As such, if it is not in the papers send this information to the Tribunal.  Any letter from the Tribunal will have the address for you to send this information to them.   In addition, is your appeal about non-attendance at a medical or have the DWP decided that you are capable of work without you going to a medical? 

    Finally, if you are successful at appeal, arrears will be calculated for ESA, and Housing Benefit.  

    Kind regards

    Maria
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cath61cath61 Member Posts: 28 Listener
    Hi Maria yes i have been in touch with housing benefit and the last e mail i got was to say they have asked the assessor to get back to me but nothing as yet.

    Has for my ESA i have received the letter from court to say they have asked for paper work from ESA as of yet i have not heard from court for a date or any paper work . i did not send anything to the tribunal only to ask them for an appeal. i still have my paper work so i will send it to them... i do not have an appeal date as yet 
    yes they said i am capable for work without going for a medical.
    all my benefit stop in may 2017 ...  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi cath61,

    The DWP cannot decide that you are fit for work without you attending a medical, unless you were invited to attend one and you didn't go. 
    Furthermore, ESA can be paid at the assessment phase rate upon receipt of your appeal (if you attended the assessment and they found you fit for work) so you should call ESA to instigate payments if this is what has happened.
    If the appeal is about whether you had "good cause" not to attend the assessment then they don't have to put your benefit into payment. Your only option would be to make a new claim, but you won't get paid until you've attended an assessment and been found unfit for work.
    In either case, you really need medical evidence to give you the best chance of succeeding at an appeal although your oral evidence on the day will be just as important.
    Good luck!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cath61cath61 Member Posts: 28 Listener
    Hi Lee thank you for that advice 
    i did not attend the assessment due to my condition getting worst and medication changed and i had not taken the medication correctly. i was sleeping all day and i missed my appointment. so they have told me i was fit for work and they will not pay me.. i sent in all the paper evidence they asked for .. the first was by post they did not receive it.. the second was lost with job center  because i had taken it to them to be scanned over.. third time they said they got it and wouldn't change there discussion all has been a nightmare. i've now been put on stress tablets. 
    cath 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @cath61

    When sending anything to the DWP always send it recorded delivery then they can't deny they haven't received it.  If they still claim they haven't received the info, remind them it was sent recorded delivery - and miraculously they find the missing papers!  The DWP are about the most bumbling, incompetent organisation I have come across in current times.
  • cath61cath61 Member Posts: 28 Listener
    thank you 
    cath 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    cath61,

    The tribunal will decide whether you had 'good cause' not to attend the medical. Unfortunately the DWP don't pay you ESA whilst you are waiting for this sort of appeal :-( You have the option of claiming jobseeker's allowance but most people aren't able to do this for obvious reasons. Or as Lee says you could make a new ESA claim but you are very unlikely to be paid unless the decision that you didn't attend was more than six months ago, or you have got much worse, or you have a new health condition. You could try arguing you've got worse given the effect on your stress levels.

    If you win the appeal then you're back on ESA in the situation you were before, and should get another assessment date. 

    Meanwhile, your Housing Benefit can be paid based on 'nil income'. All housing benefit departments can do this and yours isn't acting quickly enough. Some have a form they use to confirm you aren't getting other benefits at the moment. (If you get DLA or PIP, let them know, but these aren't taken into account as income).

    I'd complain about the delay to your local authority. If you are able to get local advice (eg from a Citizens Advice Bureau or an MP), I'd recommend it as they can help you sort all this out.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cath61cath61 Member Posts: 28 Listener
    Thank you Will 
    i have asked Housing benefit if they could ask a manager to look at my case. has has been 12 weeks since i asked for nil income claim .
    Thank you 

    Catherine 
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