I'm still waiting since February, after sending in the GL24, from getting Nil points in my IB to ESA Migration, I'm still on the assessment rate, still sending in Med Certs, can anyone say if this means I'm going to Tribunal or can it take this long for a DM to make contact.

When I called DWP call centre they have no idea where I stand, just say keep sending in Med Certs, I only want to know will I hear from a DM, or is it done deal and I'm going for Tribunal hearing, it's been hell not knowing anything.

Is this the norm for people, the DWP site states during the process once you submit the GL24 you will hear from the DM if they been able to overturn the ATOS points, but I've had no definite details from them, just the usual letter saying they will pay assessment rate till my appeal is looked at.

thanks for reading, just feeling so ill with worrying

There is a backlog with reconsiderations but I wouldn't think the backlog is that big! So in my opinion I think the decision has not been changed by the DM and your claim has been referred to the Tribunal, and the Tribunal can be approx 6 months before it is heard.

I appealed via the GL24 in February, the DWP phoned me about six weeks later asking if I still wished to go ahead with the appeal, I said yes and the paperwork from the DWP arrived four weeks later, and the paperwork from the tribunal service a couple of weeks after that, My appeal hearing is not before 01/10/2012.

Thanks for your replies, I'm worried as it does seem to me I would have had something by now, but when I called them they said I will hear from the DM in due course, they could not tell me if I was being sent to Tribunal or not as it does not show on their system. I'm going to phone again, I just want to get an answer as to what the DM's decision is, not just left in limbo, I thought they had to tell you not just send you to Tribunal without letting you know their decision first.

Osdset you say you had a call from them, that's what I mean, I've not heard a thing.

thanks again for your help guys

cocoriver,

Just a thought, did you state that you wanted to appeal on the GL24, or ask for a reconsideration?

Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

Hi osdset, I'm not sure because I was told by DWP to go into Jobcentre for help and the GL24 was filled out by the man I saw there, he then faxed it on to the correct dept, I had no idea there was a difference, I was just told to send in a GL24 within one month of getting nil points letter, they don't offer information so if you don't no what to do it's a mine field.

I'm going to phone on Tuesday and try to find out, thanks for taking time to read my post

Hmm, personally I would not have let someone else fill out the GL24, I take it you did not see what was written, for an appeal you normally state why you disagree with the DWP's decision, and ask for it to go to appeal.

I have no experience with claims migration but I know that in the case of a new claim for ESA, if a reconsideration is asked for benefits stop until the decision is made, you are still getting paid so I'm guessing he has requested an appeal.

The problem was when I got the letter saying I had nil points, I phoned DWP and they suggested they make an appointment for me at Jobcentre where someone would help with the forms, as it has never happened to me before I was unsure of the process. I did see the GL24 as he asked me what I'd like to be put on the form as my reasons for appeal, basically that I disagreed with the ATOS medical, Nil points etc, so that's basically what he put on the form, then faxed it off, a couple of weeks later I got a letter saying it had been received, and they would look at the decision and if it could be changed they would let me know, then I got a letter saying I would be paid assessment rate until decision on my appeal had been made.

I phoned and ask did that mean I was being passed to tribunal but was told, as it was not showing on the system they could not tell me, but I should hear from a DM in due course, just to keep sending med certs, that's it, nothing since then. Now in May, and very worried indeed.

thanks again for taking the time to read my posts

OK, so as others have said, it looks very much like the reconsideration has been done, the DM did not change the decision in your favour, so it has gone to the Tribunal. That's not great, but not a disaster either as the Tribunals do regularly find in favour of ESA claimants.

You may wish to read Site Team member Honeybee13's excellent sticky thread (the threads that appear in a kind of nasty greenish colour at the top of the forum) for more information about the appeals process.

Hi Antone, yes very much looks to be that way, I realize now I never fully understood what was happening, I was waiting to hear from the DM and now think I already have, going by the letter they sent back in Feb. But when I called them to clarify either way they would not say if I was going to Tribunal as they just kept telling me it did not show on the system that I was, so it could go either way, seems to me the DM did not change the decision back in February and I've been waiting for Tribunal papers all this time without even knowing it.

It's just ever y thing I've read, ie DWP link to the Appeals process, states you will hear from the DM, so I stupidly thought I'd get another letter or phone call.

I feel really stressed that I failed to understand what was happening, it's really upset me. I don't know if I'll be able to attend the Tribunal but as everyone says, it's better to go.

Thanks again for your help everyone, and best of luck to you all

hi,

just a thought here, have you when you have rung the dwp about this ever been offered a call back from the decision makers? If not ring and request one. They will be able to tell you whether or not it is going to tribunal.

Also have you seen a copy of the assessment report that would help you emensely in your appeal arguing.

here is what I got told regarding the delays etc.

the time the appeal/letter is recieved by sorting office is recorded so they use that date to decide if you appealed on time, however fromt hat point it can easily be many weeks before a DM looks at it. Most likely your appeal is sitting in a pile waiting to be looked at, once my last appeal was looked at the DM made a decision the same day.

As I understand it you will know if they submitted to trbunal because when they do that you have to be sent a copy of the documents related to the case.

It seems the DWP have issues communicating via letters and too many people are just left waiting in silence.

Asking for a callback from the BDC in my experience speeds things up. As they usually will look for your stuff first before ringing you back.

I rememebr ringing up been told by the call centre staff not to worry as the tribunal service has delays, and I pushed to find out the DM hadnt even got to it yet. I knew from past experience of tribunals I would get documentation when it gets submitted.

Hi, yes I've made several calls, mostly to the call centre staff, with different responses, ranging from it takes months for appeals to be looked at, to no your not necessarily going to tribunal yet, I had one call back with regard to being asked to send in a follow on med cert, I call to say it had been done but the call centre said it had not arrived so they gave me a call back, the lady that called me just took the details of the med cert and said she would update it there and then, but had no other information for me.

My last call, Tuesday this week, I was again told, nothing on the system saying I was going to Tribunal, can take months to be looked at and could go either way, but most people do have to go to Tribunal, just wait.

I may call again next week, and ask for a call back

thanks for your help