ESA appeal

[jason2723637]

hi forum for now got few quick queries I m appealing a ESA not found unfit for work after an ATOS assessment in the letter says to send the form to and address which for the HMCTS is a PO Box I understand you can send special delivery post (next day guaranteed) to a PO box right and this should be fine sending my appeal form to the tribunal service this way?

 

 

also the PDF form is editable ie can type in it on the computer and fill it in that way so I could do it that way then just print out and sign/date it... beats my handwriting anyway but it says on the form to write in black and in BLOCK capitals is this significant don't want em sending it back. thanks for any info

 

thanks

 

PS - also no phone number to contact them or an email contact on the HMCTS website ???

Edited September 26, 2015 by jason2723637

[honeybee13]

hi forum for now got few quick queries I m appealing a ESA not found unfit for work after an ATOS assessment in the letter says to send the form to and address which for the HMCTS is a PO Box I understand you can send special delivery post (next day guaranteed) to a PO box right and this should be fine sending my appeal form to the tribunal service this way?

 

 

also the PDF form is editable ie can type in it on the computer and fill it in that way so I could do it that way then just print out and sign/date it... beats my handwriting anyway but it says on the form to write in black and in BLOCK capitals is this significant don't want em sending it back. thanks for any info

 

thanks

 

PS - also no phone number to contact them or an email contact on the HMCTS website ???

 

Hello and welcome to CAG.

 

Have you asked for a mandatory consideration of the decision? You need to do that before you appeal via HMCTS.

 

My best, HB

[jason2723637]

oh yes I did do mandatory reconsideration sorry forgot to mention that they got back to me and said no in writing sent me two copies one for me to send to tribunal thanks for fast response

[honeybee13]

Thank you for that.

 

The forum guys should be along later with advice for you. Weekends are always quieter here, please bear with us until they're able to get here.

 

HB

[jason2723637]

oh thas cool no rush just few queries is all

[obiter dictum]

I think you will find sending a Special Delivery to a PO Box address will be non applicable unlike a recorded delivery.

 

The reason for this is that the special delivery is for a guaranteed next day delivery service on a signature. Believe it or not come companies, especially magazine competitions leave it up to 2 weeks before collecting the mail

[jason2723637]

ty for the reply obiter anyone know the number to contact HMCTS or have they got one at first contact? so I can find out if special delivery better or not or is non applicable and recorded delivery you mean the one that costs less but still needs a signature thing is it still may get there first class ie next day so no difference if thought that way...??

 

 

also thing about the special or recorded delivery is just so I know they got the appeal form via post and there is some sorta proof of them getting it....as I heard of one story of another person where the tribunal said they never got it although it was sent thru normal post...but it prob no biggie to just send it via normal post?

[tommy456]

I sent mine i think with just proof on posting , it got to them fine, they unlike the DWP didn't manage to loose it

[jason2723637]

ok thanks for that by proof of post i think you mean recorded delivery?

[obiter dictum]

You can get a proof of posting at the post office counter, it is free and not the recorded delivery service

[jason2723637]

Oh i seee got what you mean thanks

[jason2723637]

Also another thing how long will it take till i know they have lodged my appeal? Roughly is it 28 days?

[tommy456]

It may vary, could be less than 28 days, possibly with the appeal date sent soon after ,

[jason2723637]

ok ty oh and i get sick note based ESA re-established then? when i get the first letter? do i need to call DWP then go to my doc?

[tommy456]

Ok, once you have sent you application to HMCTS They will normally accept you reasons for appealing, once they have processed this they will notify you and the DWP of this, via the post to us appellants , not sure if the same for dwp

Once the DWP have this on their systems, they can then re start the ESA claim paid at the pre assessment rate until a decision is reached by the tribunal, but you will need Fit /sick notes that cover this period, So once you have heard back from HMCTS acknowledging your appeal get a fit note if you need one, and call the DWP . it can sometimes take them several days before their systems are updated ,So ring them frequently to see if it's showing on theirs systems , once it is they can then re open the claim and on receipt of a fit note will start paying you esa again

[jason2723637]

ok excellent thanks

[jason2723637]

im at this stage of the appeals process I got a letter form HMCTS saying my ESA appeal has been accepted meaning it will be a oral hearing etc. Not a letter with the actual date. Prior to this I first got a letter from them saying they received my appeal and then few weeks later from DWP with a bundle of relevant documents.

 

thing is on this letter it says in bold-

 

"It is important you send us any further evidence that you wish the Tribunal to consider now. This evidence will be shared with the other party. Do not wait until you are notified of the date of your hearing, or until the hearing date itself."

 

my understanding was that its possibly an option to either send or take medical evidence in my case mostly a letter from my GP and couple of other sources to the hearing or send it prior is this correct or is the above quote from the letter significant and others who have gone down the appeals route remember getting this as a norm in their letter/correspondence from HMCTS?

 

thanks in advance

[reallymadwoman]

If possible, it's best to submit evidence in advance. If you try to submit it on the day there's a chance the hearing will be adjourned to give the panel time to read it.

[jason2723637]

ok thanks

[Nystagmite]

It should tell you on the letter to submit any evidence at least 7 days in advance.

[jason2723637]

ok but it doesn't on that letter just says what I quoted above do you mean 7 days in advance of the oral tribunal hearing? In that case I wonder why it says "It is important you send us any further evidence that you wish the Tribunal to consider now. This evidence will be shared with the other party. Do not wait until you are notified of the date of your hearing, or until the hearing date itself."

[honeybee13]

ok but it doesn't on that letter just says what I quoted above do you mean 7 days in advance of the oral tribunal hearing? In that case I wonder why it says "It is important you send us any further evidence that you wish the Tribunal to consider now. This evidence will be shared with the other party. Do not wait until you are notified of the date of your hearing, or until the hearing date itself."

 

If it says to send it now and you have the evidence available, then I would send it now.

 

HB

[jason2723637]

ok thanks for the reply but I not got the supporting evidence yet have to source it then send (I just got the HMCTS letter on Friday)

[honeybee13]

Then you send the evidence when you have it. You want the panel to have time to read the evidence, it will help your appeal.

 

Keep copies of anything you send, for your own records. I would keep originals, unless their letter says otherwise.

 

HB

[fletch70]

When you send further evidence to HMCTS is is also copied to the DWP who can, in theory, alter their decision at anytime , however, I have no idea if this happens in practice.

 

When you go to the Tribunal I would make sure that you have copies of all the evidence you have sent in as well as what you want them to discuss. It has been a few years since I went to an ESA Tribunal but I focused my argument on the descriptors