Employment and Support Allowance (ESA)
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No bundle before ESA tribunal date

Hi, would really like some advise. I put In my request for ESA tribunal as iv been put into wrag instead of support group. I contacted cab and they said as soon as iv received bundle  of papers to go back in to them  Iv just received date for tribunal on 6th January but I havnt been sent any papers. I suffer from depression and anxiety an this I cannot cope with. Would any one know why I hant received papers ?help would be much appreciated

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    You should have received this quite some time ago. Contact HMCTS on Monday morning.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • 11faerie111faerie1 Member Posts: 24 Listener
    Yes I will.Thankyou. with xmas around corner theres very little time to get appointments at cab.Totally panicking.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    How long have you been waiting for a date? Did you not realise earlier that you hadn't received the bundle? Do you have a representative? if so then they may have sent it to them?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • ricky1040ricky1040 Member Posts: 99 Pioneering
    I imagine you can resolve this. Call the appeals service and explain the situation. They will advise the best course of action.
  • 11faerie111faerie1 Member Posts: 24 Listener
    I returned a REG2 form which I received mid November asking did I want oral hearing.my appeal was received by appeals service mid October.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi 11faerie1,

    You should contact the DWP urgently and ask for a copy of the bundle. You should also contact the tribunals service to enquire as to whether the judge has received the bundle, and ask them for a copy too. Normally the tribunals service wouldn't list a case if there was no bundle so I imagine they have it. 
    A tribunal should not go ahead, or should be adjourned if it does go ahead, if any of the parties involved in the appeal have not received all the relevant documents.
    I know it's stressful and chasing it up isn't going to do your anxiety any good, but your chances of winning your appeals shouldn't be disadvantaged by this.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • 11faerie111faerie1 Member Posts: 24 Listener
    I rang ESA and they said they sent papers last month.must have got lost in post ..Tribunal service has them. I put a request in writing to delay date and explained situation. Sent it special delivery, so they had it next day and cant say they didn't receive it. Fingers crossed.
  • 11faerie111faerie1 Member Posts: 24 Listener
    Well...I received my requested bundle which consists of 12 pages. Had to ring again and get a call back to request proper bundle.Looks like I'll have no representative now.CAB said to turn up at tribunal and explain and request different date....Can someone tell me is it normal for ESA to give ppl the runaround like this?... To stretch the stress and panic to a level were we give up?. 
  • mikehughescqmikehughescq Member Posts: 5,415 Disability Gamechanger
    **** up rather than conspiracy. It happens. 
  • 11faerie111faerie1 Member Posts: 24 Listener
    Yep.got phone call from appeals office saying its postponed.Thankgod.Can relax a little for xmas.Thankyou for replies.
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