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ESA TRIBUUNAL ADJOURNMENT ADVICE!
befuddled
Member Posts: 14 Listener
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
Personally i would say yes it sounds good.
But theres some info missing for me to be more certain, like
Tbe comolication, why so unusual.
Seems a bit weird the judge doing that.
In order to admit a late appeal all that has to be shown nowadays is that the case has merit; that it’s in the interests of justice to proceed and that DWP don’t object to that.
What the tribunal may be saying is that if DWP have raised no objections to lateness then by implication they think the case has merit. If they think the case has merit then why continue to argue it. Not least because they’ve put in no evidence one way or the other of your being able to cope with WRA in the WRAG.
I don’t think you can read anything into an adjournment one way or another. There was arguably no need to adjourn. DWP in admitting the appeal are not cincedung the merit issue. Just that they don’t object to lateness. They’ve had the opportunity to put in a submission and then didn’t bother to turn up on the day. It’s arguable there wasn’t a need to give them a second bite.
The stupidity of this is that unless they’ve reserved the case to the sane panel then your next hearing will be a completely different one and it’s open to them to take a wholly different approach.
Will I not have the same judge present in the second hearing?
If your tribunal started and heard evidence then you can only have the same 3 or a different 3. It’s hard to get the same 3 together so most likely a different 3.
MR doesn’t exist in law. There’s no reference to it in the legislation at all. What that leaves is what’s always been there. Any grounds reviews (the MR to be done inside a month) and the any grounds review which can be done at any time provided there are grounds for review like ignorance of a material fact etc. but has this weird 13 month upper limit. The latter applies where you try to do an any grounds review late but don’t have grounds. If you have grounds then it’s just an any grounds review with no time limit.
So, if you have followed all that - and anyone could be forgiven for not doing so - it’s easy enough to see that a late MR with decent grounds will almost always trigger a fresh decision which in turn attracts a new right of appeal.
Easy peasy innit
I am hoping to get some advice, and amazingly enough assistance with my case from The Mary Ward Centre, Central London.
There are drop drop in sessions from 2 to 4pm, On Tuesdays. I was informed that people start arriving from 12. My difficulty with waiting to be seen is because I suffer from the following:
Mental Health
Complex PTSD;
Significant Post Traumatic Stress
symptomatology; flashbacks, hypervigelence (being constantly on alert), increased irritability, memory and concentration problems accompanied by some depressive symptoms; anhedonia, social withdrawal, low mood and anxiety.
PHYSICAL
- IBS.
I have significant problems with sleeping, getting to sleep and remaining asleep, leading to sleep deprivation and exhaustion.
I have up to date medical and psychological reports and have supplied these to the assessor along with photographs of the injury to my back.
Do you think I could ask for a specific appointment time, owing to the above, as a “Request for Reasonable Adjustments”?
The Mary Ward Centre does offer appointments, but you have to attend the “gateway “, session on Tuesdays, to be able to get an appointment.