Employment and Support Allowance (ESA)
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Statement of reason

Hi I had appeal over four weeks ago and if u read my past post explaining that I was told 2 weeks ago by the dwp that thay were challanging the tribunals decision. Anyway called tribural yesterday and was told that dwp haven't requested q statement of reasons as yet so what are the chances there gonna ask for a statement of reasons now? It's making me sick now with worry. I won appeal after waiting a year and now there putting me though this ****. Thanks for any advice

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They have 28 days to request the statement of reasons. Backpay can take 6-8 weeks. You can ring them on Monday morning when they're open to see what's happening, other than that there's really nothing more you can do but wait.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • diondion Member Posts: 31 Listener
    Thanks poppy I just don't no we're I stand right now with my benefits and just wanna np what's going on thanks again though xx
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi dion,

    The DWP have one month from the date of the decision to request a statement of reasons. It is possible to request a late statement but normally it is refused, so if it's been over a month and the tribunal service haven't heard from the DWP you should comfort yourself with the fact that they won't do so. As Poppy says, it can take 6-8 weeks for them to implement the tribunal's decision and it sounds to me as though they will do.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • diondion Member Posts: 31 Listener
    Thanks for your reply it's getting me down now I'm a diabetic and can't even afford to eat proper food that I should be also trying to address addiction problems and depression for witch I'm on meds for. Why are thay doing this s--t to people who really do deserve it when there are people milking the system and thay don't get called up I no of two myself and it really does give me the hump but what can I do, I'm not the sort of person to grass someone up but dwp should do more to find out about people of u get what I mean? Hope your having a nice Sunday morning it's raining here in london☹☹☹
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @dion and I am really sorry to hear this! How are you doing today?
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  • diondion Member Posts: 31 Listener
    Thanks for asking chloe I'm gonna go check my post office account bruise it's been a month today since I won appeal of it's not there I will have to called them. I called tribural Friday and thay not heard from dwp yet so please God it's a good day. Hope the mornings going good so far for u xx
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Yes thank you @dion :) Hope the rest of the day is kind to you as well!
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  • diondion Member Posts: 31 Listener
    Still no joy gonna have to get on phone and put on hold for an hour to esa 😣😣😣
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It can take 6-8 weeks to receive and back dated payments. Which group did the Tribunal place you into and when did you claim ESA?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • diondion Member Posts: 31 Listener
    I been claming for years and this is my 3rd appeal each time I've won but this time there going to chalange it. That's past me regulation 29 and 35 I think so been put in support group. 
  • diondion Member Posts: 31 Listener
    Sorry I misspelled thay past me on regulation 29 and 35 I think lol
  • welshbirdnewelshbirdne Member Posts: 24 Listener
    Go to your local MP and escalate.  DWP then listen
  • diondion Member Posts: 31 Listener
    Yeah your right welshbirdne it's making me sick now keep woerinf are the balifs gonna come knocking I can't carry on like this no more there taking the p_as outta people that really need that to survive. I won appeal on the 24th August a month today and never waited this long for back pay. Please God some good news soon
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    dion said:
    I been claming for years and this is my 3rd appeal each time I've won but this time there going to chalange it.
    Asking for the statement of reasons doesn't mean they're appealing the decision. They have to asked for this before they can appeal because from the SOR they have to find an error in law. They have 28 days to request the SOR.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • diondion Member Posts: 31 Listener
    And I called tribural Friday and thay hadn't heard nothing as of then 
  • diondion Member Posts: 31 Listener
    Just a quick up date and hopefully someone can advice me what to do next. I called dwp yesterday and was told thay are defently chalangeing my tribunaral win but could not tell me on what grounds and no time scale so what can I do now any help is much appreciated 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They cna't do this without first asking for the statement of reasons, have they asked the Tribunal for this?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • diondion Member Posts: 31 Listener
    N9 poppy thay hadn't on Friday anyway
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They have 28 days to request this but as i said, they can't appeal the decision without the statement of reasons first and when they do receive it they have to find an error in law. Unfortunately, there's nothing more you can do but wait. I know it's stressful.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • diondion Member Posts: 31 Listener
    Ok thanks poppy123456 I will keep u updated if anything changes thanks for your help much appreciated 
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