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ESA tribunal, doing a bit of work and a mess!

  • welshflier
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13 years 5 months ago #58256 by welshflier
ESA tribunal, doing a bit of work and a mess! was created by welshflier
Hi

I claimed ESA from 1st July 2010, "failed" the medical and have a tribunal hearing on 10th June.

My condition is improving very slowly. I started 4 hours a week work (which I notified & sent back form etc), and because I could sustain that, I've just upped it to 6-8 hours a week from yesterday which puts me over the £95 a week earnings. So I phoned up to tell them.

On Saturday, I got a letter saying I was now working 16+ hours so couldn't get ESA. I've written a complaint & told them to listen to the recorded call & amend their records.

I also got a letter on Saturday saying due to the change of circumstances, the independent appeal tribunal had confirmed that I had no limited capacity for work.

a) do you think the second letter is a consequence of the first?

b) can the tribunal be brought forward without telling me, letting me be there or letting me send extra info at least 7 days before the tribunal date(I'm posting my extra evidence today anyway)

c) what do I do???

Thanks
Anne

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13 years 5 months ago #58259 by Gordon
Replied by Gordon on topic Re:ESA tribunal, doing a bit of work and a mess!
welshflier

Have you opted for an Oral hearing, which you attend, or a Paper one, which you do not?

A Tribunal must re-evaluate the original Decision that was made in July 2010, using the original evidence and anything that is relevant that you have submitted since.

As such, they cannot consider a change in circumstances that has occurred after that date, so your working or not, should not be relevant unless you were actually working 4 hours at the time of the Decision.

On the assumption that you asked for an Oral hearing, to make an ajudication without you having an opportunity to state your case, would be a clear breach of Natural Justice, and would therefore be appealable to the Upper Tribunal.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • welshflier
  • Topic Author
13 years 5 months ago #58262 by welshflier
Replied by welshflier on topic Re:ESA tribunal, doing a bit of work and a mess!
Hi
Yes, I opted for an oral hearing. I've had to go through 3 people to make sure that they will provide seating I can use! so I think they know I'm coming LOL.
Thanks for the reassurance. As the second letter came from DWP not the Tribunals Service I am wondering what's going on.
I guess my next step is to write to both DWP and Tribunals Service to ask what's going on. I don't really do phone calls for important things, because my memory isn't very good.
I wonder if it is worth getting my MP involved at this stage?
Anne

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13 years 5 months ago #58267 by Gordon
Replied by Gordon on topic Re:ESA tribunal, doing a bit of work and a mess!
Anne

Getting your MP involved can do no harm and may of great assistance given the nature of the problem.

It is interesting that the you say that is the DWP that have written to you with regard to your Tribinal hearing, as far as I am aware, they have bo right to do this.

We have heard, that the DWP were carrying out Reconsiderations, just before Tribunal hearings with the intention of trying to reduce the load on the TS if it is clear that a Tribunal would find in favour of a claimant. Whilst, finding for the claimant (in most cases), would remove the need for a Tribunal, we don't believe they would have the right to cancel a tribunal because they believed that claimant had no chance of winning their case.

Given the timescales, in addition to your writing to them, it might be worth your ringing the TS to make sure your case is still scheduled to be heard.

Gordon
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  • welshflier
  • Topic Author
13 years 5 months ago #58269 by welshflier
Replied by welshflier on topic Re:ESA tribunal, doing a bit of work and a mess!
Thanks for the suggestion. I just phoned the Tribunal Service. I'm still scheduled for 10th June, and they know nothing about anything having been said or done that would lead DWP to send me the letter they sent.

Strong emotions are bad for my health so I now need to try to chill out rather than get angry.

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  • welshflier
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13 years 5 months ago #58493 by welshflier
Replied by welshflier on topic Re:ESA tribunal, doing a bit of work and a mess!
Good news. My MP is now on the case :) The sheer relief that the responsibility isn't solely on my shoulders.

Of course, the irony is that I've not actually been able to work the extra hours this week because this mess has used up all available energy LOL.

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