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Thread: Made ESA appeal December 12 - no tribunal - Arrears paid today- is this normal?

  1. #1
    jogam
    Guest

    Made ESA appeal December 12 - no tribunal - Arrears paid today- is this normal?

    Hi , I do hope somebody can help.
    My husband has been on incapacity benefit which changed to ESA (way back when). He filled in all the relevant forms and had to go for a medical. He lost that and appealed in May last year. He won at the appeal tribunal and then, in September 2013, he had to fill in more forms and go for another medical even though the Tribunal placed him in the Support Group and told him he need not ever attend medicals or send sick notes again.
    He failed the medical, so appealed AGAIN in December and his benefit was reduced in January down to the basic allowance. We have been waiting ever since January for another Tribunal date but this morning have received a letter JUST stating arrears for 'Contribution-based ESA' has been calculated from January to date. The letter states they are withholding payment until they check overpayment.
    However, I've checked online and a payment has been made!!!
    My problem is - is this procedure normal? - does he not need to go for another tribunal? Have the decision makers taken this length of time to make a decision? We are totally unsure about it all and spend most of the time waiting for the 'brown envelopes' and live in dread of filling in the forms and attending medicals.
    I hope somebody has got some ideas
    Thankyou

  2. #2
    Senior Member
    Join Date
    Dec 2012
    Location
    Staffordshire
    Posts
    955
    I would suggest phoning DWP to get clarification on this. They will be able to explain what the letter means. It sounds as if your hubby has been put in CB ESA group. It should also state if it is for WRAG or Support group. If a payment has been made, it sounds like they have made all their calculations and the payment is what your hubby is entitled to. Depending on the date of the letter, it is possible that checks have now been done. But, as I said, telephone DWP to get more info and clarification.
    As for tribunals, someone else may have more info. I am not sure they have the power to say that someone need not attend medicals or have to appeal etc anymore. It is a bit like getting an award for a certain period, or indefinate. You can be sent the forms again at any time.
    What lies behind us and what lies before us are tiny matters compared to what lies within us.

  3. #3
    Senior Member
    Join Date
    Jul 2011
    Posts
    202
    Sounds like they have done the manditory reconsideration before passing your appeal on to the tribunal system

  4. #4
    Account removed
    Guest
    It can take twelve months with the back log they have now for a tribunal it all depends on the area you live, most it's about nine months.

    But if a tribunal told you that you would not need more medicals or well or sick notes they should not have done this, anyone can be called back for a medical even those who have been told they have won for three years.

    Sadly this whole procedure is a mess.

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