ESA tribunal win but waiting game to be actioned - **Resolved**

[Sweetpeaa]

Hello

 

A month ago I posted news about being successful BUT am still waiting for DWP to action!!!!

 

Is there a time-limit for DWP to put this decision through and pay arrears?? (they clear a WCA decision speedily but not a reversal)

 

Even intervention from an advice centre hasn't moved things along.

 

Like DWP don't care and fob off.

[Nystagmite]

Have you phoned DWP and asked about this?

[Sweetpeaa]

Have you phoned DWP and asked about this?

 

Hi

 

We've been told I have to wait until whenever they get round to it.

[Lapsed Workaholic]

As I recall from my own case I got notified by letter by the Tribunal Service of the result of the Hearing within a couple of days of the Hearing. The other party, in this case the DWP, gets notified at the same time.

Each party has 1 month from the date of notification to appeal the Tribunal Decision. In my case it was straight forward enough and the benefit that had been withheld as a result of a sanction was repaid within two weeks. Some cases may be more complicated than others and it may take a bit longer to decide on whether or not to appeal, but if nothing is heard after a month it is more than likely that DWP does not intend to appeal the decision of the Tribunal and they are just being vindictive.

After a month it would be advisable to inform DWP yourself, formally and in writing, of the Tribunal Decision and ask to be informed as to the reason for the delay in complying with the Tribunal Decision.

Advise them that unless you get a response to your enquiries within 7 days you will notify the Tribunal Service of their (the DWP's) failure to comply with the Tribunal's Decision and that you intend to ask them (the Tribunal Service) to initiate legal proceedings to recover the money that you are owed by DWP.

Contacting DWP by phone, especially when it's you that want something off them, can be futile. The unknown nonentity that you talk to may not pass on your enquiry at all and later may deny even receiving it.

[obiter dictum]

With my own appeal all the back dated ESA pay was refunded within 14 days of the Tribunal decision

[Sweetpeaa]

Hi Lapsed Workaholic

 

Going through MR / Pre-Tribunal was a nightmare in itself ! (lengthy paperwork merry-go-round, slow call-back and differing responses)

 

My decision notice (notes) says that the Tribunal has no legal powers to enforce its decision and will not assist to compel payment

 

I just wish they acted as swiftly like they did after my WCA

[Sweetpeaa]

With my own appeal all the back dated ESA pay was refunded within 14 days of the Tribunal decision

 

Brilliant result, just wish it was like that in all cases!!!

[SquishySummer]

You can ring DWP, I got a letter on the 28th Of April, stating my tribunal was cancelled & the DWP had to reinstate my benefit & pay any monies owed, I rang the dwp that day & the money, all of it, was in my account by the 6th May.

[Sweetpeaa]

You can ring DWP, I got a letter on the 28th Of April, stating my tribunal was cancelled & the DWP had to reinstate my benefit & pay any monies owed, I rang the dwp that day & the money, all of it, was in my account by the 6th May.

Hi SS

 

I've since chased-up DWP and there's a total lack of sincerity - they're not willing to do anything despite the anguish caused by lengthy waits. Am not really reassured by their arbitrary timescales.

[estellyn]

The person you talk to on the phone when you call the dwp is a phone monkey and know little about your claim. Your best option is to send a copy of your decision notice from the Tribunal to the dwp, just in case the copy from the Tribunal has gone astray.

 

Be aware though that it takes up to two weeks from posting something to the dwp for it to reach someone's desk, and then it sits in a pile on someone's desk until the decision maker works through the pile to your decision notice. Everyone in the pile in front of you is also waiting for their esa to be sorted in some way. We would normally advise people following a favourable tribunal decision it can take up to 8 weeks to be actioned and reinstated.

 

But as I said, send a copy of your decision notice, wait two weeks and then call and ask for a call back from a decision maker.

[Sweetpeaa]

HI estellyn

 

Advice centre sent it to them way back (before I posted on here)

 

They won't get anybody to ring me back, just saying I have to wait my turn.

[estellyn]

HI estellyn

 

Advice centre sent it to them way back (before I posted on here)

 

They won't get anybody to ring me back, just saying I have to wait my turn.

 

As I said, it can take 8 weeks, so if you're not able to be firm with the phone monkey, just try and be patient and remember even if you did manage to jump the queue, you'd be delaying other people's decisions.

[Sweetpeaa]

As I said, it can take 8 weeks, so if you're not able to be firm with the phone monkey, just try and be patient and remember even if you did manage to jump the queue, you'd be delaying other people's decisions.

 

Thanks for reply...

 

If they just could say if we go past a certain point we would escalate it, rather than leaving it to run on and on.

 

I'm trying to be patient. (not easy given the circumstances to date)

[estellyn]

Thanks for reply...

 

If they just could say if we go past a certain point we would escalate it, rather than leaving it to run on and on.

 

I'm trying to be patient. (not easy given the circumstances to date)

 

If it gets to 8 weeks and you haven't heard then just be very firm with the phone monkey. If they refuse to offer you a callback request to speak to their supervisor. Be polite but insistent.

[ericsbrother]

ask your MP to speak to the minister in charge, often the MP will like having something to do that is seen to get them popular support.

[Sweetpeaa]

****UPDATE****

 

All cleared now.

 

ESA proper (with component) back in payment

 

Thanks for replies

[antone]

Good news, and thanks for letting us know. I'll update the thread title.

[trev1865]

your case is similar to ours

won the decision on 7 july but still waiting for backpay and esa support group

first 2 calls to dwp no good just fobbed off

this week spoke to more helpful person who rang the actual people who deal with it

confirmed they recieved the decision on 7 july.same day of tribunal

stated there was a backlog from last november but would now put ours at top of pile

just hope they didnt say that to fob us off!

congrats on getting yours sorted