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ESA tribunal

New forum member here.
I had my tribunal for an ESA claim on wednesday. The judge and doctor present were very sympathetic and listened to all I had to say.
The DWP didn't send their rep to sit in and listen.
Due to a legal complication and in the words of the judge 'this being a very unusual case' he has adjourned the case and wants the DWP to give evidence pertaining to a couple of points that were bought up.
I was placed in the work related activity group but I didnt appeal against that for over 12 months (obviously the appeal was still accepted) DWP is being asked to explain what work related activity I was given since being placed in WRAG and if I wasnt required to do any, why I wasnt expected to undertake any activity.
The DWP must clarify which activity I would not have been expected to undertake.
I attended a single interview for JSA and the respondant must show details of all activity undertaken and asked of me in respect of the JSA claim. The JSA claim was turned down on the same day as the interview if i remember rightly as it was income based and partner works for 21 hours a week.
Does this sound good from my point of view? The DWP has 21 days to respond!
Thanks in advance.
I had my tribunal for an ESA claim on wednesday. The judge and doctor present were very sympathetic and listened to all I had to say.
The DWP didn't send their rep to sit in and listen.
Due to a legal complication and in the words of the judge 'this being a very unusual case' he has adjourned the case and wants the DWP to give evidence pertaining to a couple of points that were bought up.
I was placed in the work related activity group but I didnt appeal against that for over 12 months (obviously the appeal was still accepted) DWP is being asked to explain what work related activity I was given since being placed in WRAG and if I wasnt required to do any, why I wasnt expected to undertake any activity.
The DWP must clarify which activity I would not have been expected to undertake.
I attended a single interview for JSA and the respondant must show details of all activity undertaken and asked of me in respect of the JSA claim. The JSA claim was turned down on the same day as the interview if i remember rightly as it was income based and partner works for 21 hours a week.
Does this sound good from my point of view? The DWP has 21 days to respond!
Thanks in advance.
Replies
Thank you for joining and sharing. I do not know the answer to your question. Some one from our team or a member of our community will advise.
Have you considered speaking CAB for any benefit enquiries.
Have a lot of expertise and knowledge on benefit enquiries.
Hope that helps.
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Good Morning & Welcome it’s great to meet you today.
We have got some info “ESA” on our site.
https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&index_url=https%3A%2F%2Fwww.scope.org.uk%2Fsupport%2Fdisabled-people%2Fbenefits%2Fesa&auth=v06jdjhJPug%2BjwqXi7IYeg&profile=_default&rank=1&query=Esa
Please please let me know if you require any further help???
@poppy123456 are you able to offer any advice?
Many thanks for the reply!!!!
I’m very very sorry to hear about your current problems with your “Benefits”
Here’s some more info for you below.
https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fwww.scope.org.uk%2FSupport%2FDisabled-people%2Fbenefits%2FDWP-benefits-appeals%2FUpper-Tribunal&index_url=https%3A%2F%2Fwww.scope.org.uk%2FSupport%2FDisabled-people%2Fbenefits%2FDWP-benefits-appeals%2FUpper-Tribunal&auth=J8RBp%2F9tUn3x3rgBxg2xJQ&profile=_default&rank=2&query=Pip
https://search.scope.org.uk/s/redirect?collection=scope-meta&url=https%3A%2F%2Fcommunity.scope.org.uk%2Fdiscussion%2F51528%2Fpip-tribunal&index_url=https%3A%2F%2Fcommunity.scope.org.uk%2Fdiscussion%2F51528%2Fpip-tribunal&auth=%2FmslDdhCPlS9sXQKa0s6iw&profile=_default&rank=10&query=Pip
Please please let me know if I can help you further????
What does this mean in terms of my case? This seems somewhat of a side show to actually having the tribunal overturn the decision made? Is this a 'tactic' from DWP to further delay the proceedings? If the evidence isn't lodged from my understanding the Judge can't make a decision in respect of my appeal is this right?
This is taking a huge toll on me mentally and emotionally and also on my home situation. I don't feel today I am any closer to winning the appeal let alone getting a judgement one way or the other.
You also shouldn’t confuse rhe judge making procedural decisions with the panel who will decide your appeal. They are usually completely different. If a response isn’t forthcoming then a full-time judge will most likely decide to relist so a new panel can decide what needs to happen. The new panel are not bound by anything which has preceded and could well either adjourn further or just go ahead and make a decision.
In terms of the toll on your health if there’s anything specific take that to your GP.