does anyone know how long it takes for the courts to re look at tribunal decision?

[bellablot]

ive just sent my letter off for them to look again at my refused tribunal also my refused dla, here i go again lol xxx

[bruiser]

all this is such a nightmare i dont know how long it takes it just seems never ending. im waiting for them to look at my esa again as i really cannot work and they put me in the wrag group and that was months ago, and then my dla is due next year there is no hope of getting rid of my depression, but we have to think positive and hope it all goes well for you

Take care

Lin x

[tashnella]

Hi I had my atos medical on 13th nov 2011. I was having a very bad day, i felt horrible and looked like one of the walking dead. I couldnt do most of the tests i was asked to do. I went home thinking "theres no way i can pass the medical" Christmas came and went and i was confident i had passed, then on 1th jan i got a call saying my esa was stopped, my benefit was reduced and i would have to send in sick notes during my appeal, here i go again, I waited till june for my case to go to tribunal which thankfully i won. All the time i was anxiously waiting for the brown envelope to drop on my mat. The whole process makes the fm worse, or so it seems. I have just returned the atos questionare (esa50 form) and so the whole process begins again.

Chin up folks keep smiling to be continued .....................

[electricjaws]

are you getting them to look at it now on a point of law/ i failed my esa tribunal a month ago today,was told i can only contest it on a point of law now?

[NordicNavajo]

Hi

I dont get ESA and have never applied as I am "self employed" after losing my job. BUT It took 10 months to get to a tribunal for DLA and that tribunal was in June. The tribunal awarded low level care and 0 mobility. This is my understanding of the options open to me on DLA tribunal result.

1. I can reapply for DLA after approx 6 months.

2. I can tackle the tribunal decision by firstly asking for the tribunal decision makers reasons and stating that I may wish for the decision to be re examined. This can only be on a "point of law" . If you are going down this route (which if you think they are wrong I suggest you do) then also ask for a "record of proceedings" to be given. Ask for both in writing keeping copies of letters and send recorded delivery. You only have one month from tribunal date to do this.

I now have an appointment at CAB with welfare rights specialist (it was ordinary cab that helped me with tribunal application). The welfare rights specialist can look over the case, advise and if applicable get you one free session with a welfare experienced solicitor. As a point of law is not obvious to someone who is not a lawyer, I would let the welfare rights folk help you out on this matter. It can be something like the proceedings notes have taken your words totally out of context and not how you meant them. For me its that the GP who wrote the report about me hadnt seen mee for 4 months and said I didnt need DLA but that he didnt know about my care needs OR my mobility state. So he didnt know about the two things you get DLA for BUT he said I shouldnt get any help???? This is a contradiction they should have picked up on. Instead I was judged on that GP statement despite my current GP having written a truthfull one for tribunal that THEY chose to ignore.

I am still waiting for the reasons for their decision and apparently they are asked to provide it in 3 months (not the 1 month stated in aanything you find on web) They will keep me in a queue hoping I will give up and go away. I will not! and I hope you dont either. They like it if you reapply because they dont have to backdate any payments. If I win this case they will have to award payments backdated to september 2011. I have been warned that the next step (challenging the decision) has to go to a judge on paper for them to consider whether you have the right to challenge. After that, the challenge starts and Im led to believe it may take up to a year to go back through courts (on paper without me) and be re examined on "that point of law". If I do win rather than re apply, as I get the minimal care element and 0 mobility, you can guess what the backpayments will amount to. Its an awfull lot from 2011 to 2013!!!

The welfare system is hoping we will all get fed up, go away, lose spirit or maybe even die before they have to give us what they owe us.

Hang in there, take welfare advice (which is free from cab welfare advisor) and fight them at their own game.

Im here most weeks when fingers work, so please feel free to contact me if I can help in any way.

Warm thoughts NN

[goldwing]

I'm just about to start on a long journey reading this, I've had low rate carers for 16 yrs, I now have a lot more health problems, heart, back, feet. most days I can't walk to my gate and I have 2 crutches when I do, I applied on a change of circumstances. I put I couldn't walk more than 10 mtrs without severe pain and anxiety on my form, because of the fibro and the problems I have in my feet and back. I have been refused mobility, and still given low rate care, because I can walk 100 mts!!!, but not make a meal for myself, and many other reasons I don't even feel like they have read my form, because all their reasons for not giving it to me are the opposite of what I have put. I am appealing and will continue all the way. Looks like it could be a long fight, and my GP is backing me....... I also have angina, made worse by stress as well as Fibro and depression, made worse by stress, best stock up on medication I think reading your blogs above, it could be a long road ahead..........................................

Will keep you all posted, so glad this site is here, people who understand at last........xx

[lynnh]

I'm in the same boat, I just got totally confused during my esa tribunal. Currently awaiting statement of reasons and the judges notes which I was told could take 4-6 weeks, the latter of which should clarify if it was the judge who tried to confuse me or just the fibro and pain. Once they are here back to the cab lady who has helped me since my first appeal hearing to see where we go from here. Have had to reapply for esa so i can get paid in the meantime so looking forward to another esa50 and wca, also applying for dla but ready for a fight on both. Oh such fun lol xx

[bellablot]

im just annoyed because the court adjourned my first esa tribunal for more medical evidence so they sent a doctor to visit me at home who went in my favour backing up everything i said on claim, then at tribunal didnt use that evidence, the jugde also had the cheek to ask me if i claimed dla told her id just been turned down she said shes not supposed to tell me this but she will she said that the dla must not have taken this new medical evidence in account as it states i have significant disabilities and to photocopy it (she said she would of done that for me but was not allowed) and send it to dla and ask them to reconsider their decision???? so the judge advises me on all that then stabs me in the back for my esa support claim. ive wrote to the courts telling them what she said, also when i think back the doc was asking me questions on did i watch tv? what do i do on a day/night, should of asked him what this had to do with my mobility? xxx