ESA tribunal

befuddled

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.

thespiceman

Hello @befuddled Pleased to meet you welcome.

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.

We are a supportive, friendly community.

Share and care.

Please ask if we advise, help with anything some one will know.

Please take care

@thespiceman

befuddled

Thanks for the reply @thespiceman, yes I have some legal representation, but its just that from the wide ranging questions and answers posted here i wondered if someone may have been in a simillair position.

I was really wondering how soon the DWP are likely to reply and how quickly as it is an adjournment the court is likely to find a new date.

How long is a piece of string I suppose?

topshoes

Hi  @befuddled and welcome

steve51

Hi @befuddled

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???

befuddled

Thank you for the warm welcome @topshoes

topshoes

you are more then welcome @befuddled x

befuddled

hey there @steve51

I suppose what I am looking for is a little reassurance that the judge adjourning and asking DWP to explain the things that he has asked for is not detrimental to my appeal.

I got the impression from the first hearing that if there wasn't a chance of my getting the WRAG decision overturned the court wouldn't now be asking for more clarification from the DWP.

The DWP lodged the first papers within a few days, the judge has ordered them to respond within 21 days this time with a written submission (I believe) will they then shoe horn my case back into court for another date pretty quickly?

Financially another wait of eight months for a fresh court date would be a complete melt down. At the moment I do not get ESA while awaiting a decision because WRAG is income based and I do not qualify. Same with JSA, and PIP was turned down at the interview stage.

Thanks in advance for any advice.

befuddled

When it feels like you are pushing against an immovable brick wall, even a good morning starts the day off on a better footing @topshoes

Ami2301

Hi @befuddled welcome to the community!

@poppy123456 are you able to offer any advice?

befuddled

Again thank you for the warm welcome @Ami2301

steve51

Hi @befuddled

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????

befuddled

Further to earlier answers, today is the last day for  DWP to reply to the courts request for further evidence.  If they miss this 21 day window where does this leave me legally?

The strain this is taking on me mentally and emotionally is pushing me toward breaking point. If they apply and are allowed another 21 day extension I think that I will just have to admit defeat. The waiting is torturous.

If I drop it now at least it will all be ended and over, there is no way now that this situation can possibly be rectified before the New Year now.

Any thoughts on DWP not placing evidence with the tribunal please?

mikehughescq

The deadline for DWP may have come from the tribunal or a specific direction but it’s rare DWP are able to comply within such tight time-scales. The likely next step is the case being relisted to see where things are up to.

befuddled

Thanks for your reply @mikehughescq

I have just spoken to the clerk of the court.

The DWP had until the 20th of this month to lodge the evidence that the Judge asked for, so they are now two days over the deadline.

The clerk explained that there was a slight possibility that the papers were still in the court system and had not been looked at yet, but the probability and the lateness of the date pointed toward them missing the date.

The clerk said that the case must now go back to the Judge for further direction if they have not lodged the evidence requested. Otherwise if the papers are in the system I should hear from the court directly with a copy of the new evidence.

The clerk was really helpful but spoilt it all by saying 'Call us in a couple of weeks to see what is happening.'

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?

Two more weeks, a relisting of the case, a wait for the new date, there is no way in my mind that this will be decided one way or the other before Spring 2019. Back when I received the letter in late August with the court date I was hoping I would have a decision by Christmas.

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.

mikehughescq

Claimants tend to see “conspiracy” where there’s only inadequate resources to do the job. There’s no “tactics” here. They’re late because there simply isn’t volume of staff. I don’t see that HMCTS could say anything other than check back in a couple of weeks

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.