tribunal looming

almost 2 years to the day from claiming esa I have now got my tribunal date with the help of my advisor we have continuosly sent in any extra information inlcuding consultants and doctors letters but I now believe none of this information is looked at before the appeal? my consultant has just sent another letter stating his concerns at my being told 'FIT TO WORK' as he states it would add to destabalising and deterioation of my osteo arthritis spinal stenosis and degenerative disc disease and would lead to chronic flare ups of pain and would not be sustainable what chance do I have at the tribunal when so far most evidence sent we have been told is irrelavent also I have been told that IF i win the appeal I will have to attend another medical almost immediately!2 years of frustration!

If you have sent in extra information to support your ESA claim, this cannot be simply disregarded without a proper explanation.

Assuming it is the DWP to whom you have sent the additional information, if it is found to be irrelevant you must be given the reasons in writing why it is of no consequence to your claim. If you have not received a proper explanation, this can form the basis of one of your grounds of appeal. Unfortunately, far too often nowadays the DWP seem to think that once you fail the WCA, this immediately absolves them of any further responsibility which they mistakenly believe then transfers to the Tribunal Service. This is patently wrong. If further information, is received which may directly impact upon your outstanding appeal, the appeal file should be recalled from the TS, and a further reconsideration should take place on the ESA disallowance decision.

It may be too late to persuade the DWP to look again at your claim now that you have received your tribunal date, but it may be worthwhile to raise the matter before the tribunal. Certainly ensure that all the information you have gathered for doctors, consultants etc. is before the tribunal, because I can assure you that unlike the DWP, it will be evidence which the tribunal will wish to take into account if it relates to the date of the adverse decision on your ESA claim.

Hi littlejo

Tribunals have an obligation to read all of the papers in the appeal bundle including all the evidence that you sent.

Can I ask who told you that the evidence is irrelevant and why?

Derek

Hi I was told it was irrelavent because it was after the date the desicion was made but it only re states my medical conditions by my consultant after he was willing to supply a medical report

It is of no consequence if it is after the decision is made, if the information in the consultant's report is relevant to the time the DWP made the decision on your ESA claim.

If for example, a consultant says that "Mr X has been suffering from this medical condition continuously since January 2005 and he is unable to ....." and the ESA decision is made in January 2009, the report may very well be relevant to the ESA decision. In this case, it does not matter if the report was written after January 2009, as long as the information contained therein is pertinent to the time of the ESA decision.

It seems from your last post that the DWP may be misdirecting you, and therefore did you receive confirmation in writing that the information supplied was not relevant to your appeal?

yes i did receive it in writing and took all this to my cab who then wrote to DWP on my behalf stating much the same as you and we received a reply stating that ther was no reason seen to change their desicion