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8 years 11 months ago #134377 by Somerset21
Replied by Somerset21 on topic ESA
I am still on assessment rate and have been waiting to be put into a group. I do not know what will happen. They found me unfit for work in December. Can they find me fit now. Do I need another written submission, evidence. The woman said today that the DWP have not responded and that I will now be scheduled for another hearing and that the next letter I get from them will be for the hearing.
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8 years 11 months ago #134380 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Michelle
Your submission and evidence from the original Tribunal will be passed to this new one, if there is information that you want to update or replace, then you can do this, but if not then there should be no reason for you to do anything more.
You should receive a new evidence pack in advance of the hearing, if you don't receive this the contact the Clerk of the Court at the venue where your hearing is.
Gordon
Your submission and evidence from the original Tribunal will be passed to this new one, if there is information that you want to update or replace, then you can do this, but if not then there should be no reason for you to do anything more.
You should receive a new evidence pack in advance of the hearing, if you don't receive this the contact the Clerk of the Court at the venue where your hearing is.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 11 months ago #134381 by Somerset21
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Is it a full hearing again though as I was found unfit for work in the full hearing I had in December.
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8 years 11 months ago #134383 by Gordon
Looking back on your posts it looks as if there was no Decision made in the December hearing.
from
www.benefitsandwork.co.uk/forum?view=top...&id=101913&start=114
If it is the same panel then it may be that they will only look at the issue of Regulation 35 and a Support Group award.
However, it is a new panel or the original panel are unable to remember the case in sufficient detail then it is likely that they will start from scratch.
You can contact the Clerk of the Court for advice about what they will be looking at.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Michelle wrote: Is it a full hearing again though as I was found unfit for work in the full hearing I had in December.
Looking back on your posts it looks as if there was no Decision made in the December hearing.
It says they have considered all the evidence. The Tribunal has made no determination on the appeal. However, taking into account thee available evidence Regulation 35 is in issue.
from
www.benefitsandwork.co.uk/forum?view=top...&id=101913&start=114
If it is the same panel then it may be that they will only look at the issue of Regulation 35 and a Support Group award.
However, it is a new panel or the original panel are unable to remember the case in sufficient detail then it is likely that they will start from scratch.
You can contact the Clerk of the Court for advice about what they will be looking at.
Gorodn
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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8 years 11 months ago #134384 by Somerset21
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I have been ringing the number on my letters but most of them are no help. I dont think that they will remember me from December. Dont think I can go through it all again.
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8 years 11 months ago #134385 by Somerset21
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The judge at the hearing told me I would not have to go back. Cant go through it again.
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