Back log in appeals causes judges to refuse appeal

Interesting posts on rightsnet where they say that when people appeal against ESA if they score 0 points the Judges are writing to say that the appeal has no chance of success. Apparently they are doing this by going through the paperwork in conjunction with an ATOS representative with out the appellants knowledge which is illegal.

However a couple of posters later on in the thread say that it was Job centre plus staff that said that and it may not be true, but if it is it does raise concerns.

There are loads of people who have gone to appeal and won having got zero points at a medical.
Is there any official way of challenging what is being done. (Citizens Advice spring to mind they must have loads of cases where they have won an appeal from zero points.)

It sounds like somebody on the thread may be getting confused between a Tribunal Judge and the DWP.

If the DWP are writing to appellants telling them they are going to lose, this does sound consistent with Lord Freud's suggestion that they should 'manage customer expectations' by changing the wording in the letters sent.

Appellants can of course disregard these letters, but many of the most vulnerable claimants who do not understand the benefit system may be fooled into thinking the advice is official.

I think that this is the debate. It relates to directions by tribunal judges of no reasonable prospects of success.

www.rightsnet.org.uk/forums/viewthread/740/

Thanks for the link Survivor.

Tribunals can strike out an appeal if you have 'no reasonable prospect of success', but I think they are pushing this law if they regard scoring 0 points in a WCA, in this category.

Appellants can apply to have a struck-out appeal reinstated, and failing that, may be able to appeal to the Upper Tribunal.

It's complete madness and will only increase administration, not reduce it.

I agree, especially if word goes round that people should challenge such directions.