esa tribunal

I have spinal stenosis and osteoarthritis I scored 0 points and am now facing a tribunal my doctor and consultant wrote letters supporting my case which I SENT TO THE TRIBUNAL dept they sent a letter back stating the evidence is of no relevence because it relates to a period after the decision was made! do they think I this overnight what do I do now

Hi Littlejo

You could ask your doctor and consultant to write further letters and clearly state that the evidence/opinions are based at the time of the decision. Alternatively, if your health has not changed since the decision, you can state this to the tribunal.

As a matter of interest, has the supporting letters been numbered and added to the appeal bundle?

And did a Tribunal Judge decide it's not relevant or was it a Clerk to the Tribunal?

Derek

firstly thanks for replying it was a CLERK to th Tribunal I posted the letters Monday recorded delivery I phoned today to say how could it not be relevant and they said to write yet again stating why it is relevant also i questioned why they had sent back a copy of only one letter and i was told they would have sent back copies of all so where did my Doctors letter dated dec 2009 before the decision was made go I also asked that I thought when they send all the tribunal gumph that all evidence and letters sent in would be with this there was none

i posted a thread earlier but i did not give much info i went for the assessment in dec 2009 i took with me my mri scan medical history from over 20 years plus letters sent to consultants from my doctor my history shows 20 years of back problems showin osteoarthritis disc disease spondyl the person I saw asked me about these I got 0 points in june 2010 and I appealed it is now going to trbunal my doctor and consultant wrote supporting letters to send to the tribunal and these stated my osteoarthritis and spinal stenosis they sent straight back say this was not relevant to the decision made I sent a copy of a dotors letter dated 2009 and asked why they had not
sent a copy back with the other report sent and was told Iwould have got copies of all letters sent so where did it go

Hi Littlejo

I merged your two threads together as it is regarding the same subject and by mistake placed your latest post at the beginning. Sorry, I don't think there's anything I can do to reverse that!

I have to admit that I am confused by what the Tribunals Services are doing. I thought I understood that the Clerk to the Tribunal only handles the administration and does not make decisions on what evidence is admissible. Normally a Judge would decide when reading the appeal papers whether or not evidence is relevant. I also understand that you are entitled to place whatever evidence you choose in the appeal papers, and if necessary explain at the hearing why it is relevant. If a Clerk can prevent you from placing evidence before a tribunal, it makes a complete mockery of the tribunal.

Unless another mod or member has knowledge or experience of this, I would suggest that you seek face-to-face advice with all the documentation that you have.

Sorry I can't be of more help, best of luck

Derek

Hi Derek
on the medical report i first filled for esa it stated osteoarthritis throughout the spine and neck i also wrote about my carpal tunnel i told them i was waiting to have a scan and i had this done before my assessment and took the result along together with refferal letters to neurosurgeons i asls took my own medical history which shows degenaritive osteoarthritis for well over 20 years the scan showed problems with disc diseas some bulging with widespread disc narrowing the only thing on the report h drew up states moderate back pain why take real evidence the reason we are there and it not written in the report and as far as i can tell some of my evidence seems to be missing is osteoarthritis even considered a disabilit you mentioned i should go face to face but with who cant seem to get much help on this