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9 years 1 week ago #133267 by Somerset21
Replied by Somerset21 on topic ESA
Just spoken to The Trinunal Services asI noticed I had been left a message by a man who said if I need to speak to him about the message to phone him, but I phoned to speak to him and the woman I just spoke to said she can not put me through to him. My CAB adviser had phoned them requesting the recent letter sent to the DWP be resent to them as they never got it. They phoned me?? to say that they only sent it to the DWP and will not be sending it to me or the CAB so I am being told different things. I normally get the letters they sent the DWP but they wont send me the latest one. I was just told that after the 21 days the judge will look at it again. Well it will be longer than that. I expect it will be around 51 days as was the case with the last extended time. They will decide what to do. I am worried the DWP will be give endless extensions. They had had since mid December after I won my Tribunal, to give this information.

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9 years 1 week ago #133278 by Gordon
Replied by Gordon on topic ESA
Michelle

From what we have seen from other members stuck in this situation the DWP will be given two or three extensions before the case is scheduled to be heard, however, there is no set limit to the period and a Judge's main concern will to ensure that the law is applied correctly and does not create an opportunity for challenge.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21

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9 years 1 week ago #133294 by Somerset21
Replied by Somerset21 on topic ESA
Thank you for the information Gordon. Much appreciated.

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8 years 11 months ago #134359 by Somerset21
Replied by Somerset21 on topic ESA
I phoned the tribunal services today. The dwp have still not responded, so now I will be getting another hearing date. I was told that I would not have to go back as they had the information they needed from me but now they r saying I have to try o to tribunal again. Will in he a full hearing, could they fonde fit for work this time around
Do I need to supply more evidence.
Another written statement.

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8 years 11 months ago #134373 by Gordon
Replied by Gordon on topic ESA
Michelle

Forgive me but I don't know what you mean by "but now they r saying I have to try o to tribunal again" :(

A Tribunal can reach any Decision that a Decision Maker can this includes finding you Fit for Work, however they are obliged to tell you if they are considering reducing or removing any current award so that you can withdraw your appeal at no fault.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Somerset21, Camper

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8 years 11 months ago #134375 by Somerset21
Replied by Somerset21 on topic ESA
Sorry Gordon. I was on my phone earlier.
The DWP tried to stay my appeal but I had a Tribunal hearing in December. Was found unfit for work but reg 35 was an issue. She said that she would not implement the decision as the DWP was going to contest that famous case last year. She said if she implemented the decision and they did appeal that case then it would be possible that I may have to attend another hearing so it was in my favour not to proceed then. Since then the dwp asked for an extension to produce any WRA that I may have to do and evidence of this. Since the the DWP have not sent anything in and have ignored all letters from the Tribunal. No I am told that I will have to go back and have a hearing again.

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