Employment and Support Allowance (ESA)
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Do you know of any reasons for long Upper Tribunal delays?

gentlegee1976gentlegee1976 Member Posts: 29 Connected
Hi All,

Just a quick question. After being refused permission to appeal by the FTT, I applied directly to the Upper Tribunal for permission to appeal against the decision to stop my ESA payments. This is after I only got 12 points at my FTT hearing. I have CFS/ME and have had it for 8 years.

In September last year, I received a notice from the UT judge granting me permission to appeal, and giving his reasons for doing so. There were numerous reasons according to the judge, although, in his words, he said he has focused on one, arguably rather narrow issue which was the issue of the lack of coherence regarding the supersession from the previous decision that gave me LCWRA.

The case management directions said that -

1. The DWP representative is asked to provide a written response within one month of the date on which the notice is sent to the parties (that date being September 11th 2020).

2. I would then be asked to provide a reply to the DWP response, and would have one month to do so from the date on which that response was sent to me.

It has now been more than than 2 calendar months since the time limit for the DWP response expired (and a total of 90 days) and yet I have heard nothing back from the Tribunal Service at all.

Based on previous experiences, does anybody have any idea was to why things are taking so long and why I haven't heard anything back yet? It's stressful and quite frustrating for me to be honest.


  • poppy123456poppy123456 Community champion Posts: 22,214 Disability Gamechanger

    There's never really many threads on the community regarding UTT, although i have heard it can take as long as another 18 months. Although DWP are given a timescale, just like with the FTT they very often go outside that.

    I don't have any advice for you but i do wish you good luck and hope you're not waiting too much longer.
    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.
  • gentlegee1976gentlegee1976 Member Posts: 29 Connected
  • gentlegee1976gentlegee1976 Member Posts: 29 Connected
    The judge has allowed my UT appeal and has sent the case back to the FTT, with a new hearing in front of a different doctor and a different judge. I'm not sure what the success rate is for these new FTT hearings, I just need to wait for a new date/hearing.
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