nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

What's the time limit for FtT to decide on my application to admit my ESA appeal out of time?

AndrewHall

Can someone please advise on the time limit for FtT to decide on my application to admit my ESA appeal out of time? The hearing took place 3 months ago. The waiting game is really making me so anxious. Thank you.

Find more posts tagged with

Comments

AndrewHall

Thank you.
The hearing was by a telephone where the issue under consideration was whether an ESA appeal should be admitted absolutely out of time. I made full submission on my reasons for lateness on the ground of Human Rights and why the original decision should be set aside under the rule. The DWP even admitted to the possibility they may have withheld material evidence from the initial Tribunal .
I have contacted the Tribunal on several occasions and they couldn't tell me why it is taking so long to admit the appeal and rehear the case afresh.

AndrewHall

@Username_removed
Thanks for your insight.
I am at a loss as to why they said my appeal is with the Tribunal Manager rather than with the Judge who heard the matter 3 months ago.

AndrewHall

Yes you are right @Username_removed
Your guess is as good as mine. I wonder why they are inventing the word "Tribunal Manager'.to cover for their delay in sending the decision. It is so frustrating. I need my appeal admitted and to be heard, particularly as the DWP has admitted it had the knowledge of material facts before paying benefit, and more so as this is an overpayment case.

AndrewHall

Username_removed said:

There is no such thing as a tribunal manager.

Sorry, I meant to so say "case Manager"

AndrewHall

I received the decision from the Tribunal last week and the decision was made not to set aside the previous decision.
I have find several errors of law in that decision so as to ask for permission to appeal to the Upper Tribunal and I would be grateful if someone can check it for me before I sent it off.

poppy123456

Your first step is to request the Statement of Reasons (SOR) and Record of Proceedings (ROP) from HMCTS, you have 1 month from the date of the decision to do this.

Once you receive these you need to find someone to have a look to see if they can find the error in law. For that, start here. https://advicelocal.uk/

AndrewHall

Good news,. The DTJ has reviewed his own decision and has decided to set aside the pervious decision.
My questions now are;
(1) Can DWP challenge the Tribunal’s decision to set aside even if Tribunal has a discretion to do so, and (2) if an official error is identified in one of the series of DWP's decision, can this open up the whole decision for review.

AndrewHall

Username_removed said:

As predicted at https://forum.scope.org.uk/discussion/87866/appeal-after-conviction#latest we are once again presented with a partial, incomplete single issue, which is clearly part of a greater, more complex whole. I think we need to make a clear distinction here between coming on a forum with a query on an aspect of a case as a one off and trying to run an entire case via that forum via series of one offs.

The latter might be, at best, be described as ambitious. Why not simply go get advice from an appropriate advice service?

However, let’s assume for a second that it were possible. The bare minimum required would be the whole picture presented honestly in one place. Exactly the same thing as would be required by any quality advice service. Being blunt, I don’t think we’re getting anything like that and, as you have previously referenced this case involving alleged fraud, anyone getting involved at this point would be reckless or stupid.

@Libby_Scope appears to be on duty this weekend. Can we ensure that the multiple threads on what appears to be one case are merged please? Accurate advice might be possible within limits on individual threads but information is patently being held back here and where alleged fraud is or was involved that is a very big red flag indeed.

I have no authority to disclose personal information of another person.
Can you please answer the specific questions and if you can't, no need need for you to make further irrelevant comments, thanks.