tribunal question

I filled my form in in March 2012 got a reply putting me in WRAG in June - no medical and then appealed for support group in June 2012 and i am still waiting for a tribunal date - is this normal? Has anyone else been waiting that long or longer? I am worried as I will cease to get WRAG in June and if that happens ending it all is my only solution so any ideas how to get this tribunal date

[linlit]

it took over a year for my tribunral which i won and it was backdated so dont give up and u could try contacting tribunral people and telling them

[esagestapo]

The DWP should have informed you within a few weeks what they are doing with your appeal, ie if they are going to reconsider the decision or leave it up to a Tribunal to decide.

It seems they have done neither, so you need to find out what they are doing with your appeal.

[Hidden]

i had to wait 16 months for my tribunal then i lost because the medical made up most of the answers which he never asked

[esagestapo]

You can still appeal Dee71 to a 2nd tier tribunal.

[Hidden]

it has gone to appeal stage with tribunal i was told 23-27 weeks - in June last year and when I phoned they said it is awaiting a court date - I am at my wits end as also waiting for assessment results on dla and i really cannot cope any more - often think i would be better not here at all.

[esagestapo]

Have you received a letter from the Tribunal Service confirming this?

[Hidden]

yes i send evidence to them and they sent copies of my case to put in my case file which is now 80 sheets long

[Hidden]

linlit - was the rate backdated to the full year that you were waiting?

[esagestapo]

If you sent the Tribunal your papers, they must have given you a date for the hearing.

[Hidden]

no not given a date just a letter saying we are writing about appeal blah blah blah expect a date between 23 and 27 weeks and to send evidence to them, it is from hm courts and tribunals service

[esagestapo in reply to Hidden]

That's right, from HM Courts on the top left of the letter, your documents rubber stamped with Received Appeals and the date. You should hear from TS pretty soon now they have all your papers. If they have a mountain of appeals to get through, there is no telling how long before they see you.

[Hidden]

so as i get letters from specialist i send them to that address and in between 4-8 weeks they reply saying received them and please add these to your file (these being a copy of the letter i sent date stamped and with the tribunal stamp and dept on it) but NO DATE - I phoned them 2 weeks ago they said it was at awaiting a court date stage and they were given out in allocated date order that was it

[esagestapo in reply to Hidden]

You are 90% there, it shouldn't take that long to find you a slot.

[Hidden]

I hope not as i have got 400% worse since this all started both mentally and physically. I cant eat i cant sleep i dont enjoy anything any more i dont see people

[dennydee]

I have my tribunal today at 2pm.This is for DLA and I have been waiting for 9 months for this tribunal.I am so nervous about this.I am 63 years old and feel as though I am going on trial to prove my illness and how it affects me.Please wish me luck.

Denise xx

[Neloscopy]

Good luck Denise.This is my 1st post although I have been reading the forum.Ive been fighting my partner's ESA WRAG decision since Sept 2010. He has a rare Auto-Immune disease called Behcet's, Fibromyalgia, ADHD & Post Traumatic Stress Disorder. The 1st Tier Tribunal turned down his appeal last year and also refused to agree to our request for an application to appeal to the Upper Tier Tribunal. So I had to request to appeal myself to the Upper Tier Tribunal in London. They then assess whether they want to accept the case before they even agree to an appeal! They have thankfully accepted our application, and we now have a date to attend Civil Court 2nd May for a hearing. Ive had to prove ATOS were wrong in law in their decision making, as this is the only way the Upper Tier Tribunal will agree to an appeal. Let me just say I am now a self taught expert in Benefit Law and should have an Honery Degree with all I have learnt! ha ha. Seriously though this has been the most stressful experience of my life, and there is absolutely no way my partner would have been able to do this alone. The whole process is a farce and it stinks that ATOS take advantage of vulnerable sick people in their so-called 'assessments' of peoples capabilities.

P.S ATOS now BY LAW HAVE TO CONSIDER whether daily activities assessed within the Medical Questionnaires can be REPEATED throughout each day; instead of as before when they assessed a persons ability to complete a task just ONCE. Hope someone finds this useful

Helen