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ESA Appeal Adjournment next stage

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9 years 9 months ago #123354 by birder
ESA Appeal Adjournment next stage was created by birder
Unusual question requiring help!
I live abroad and I was moved from IB to ESA and this payment stopped in March this year. I attended Court in the UK in May for my appeal hearing which was adjourned as my specialists letter was not recognised by the court as it had not been translated by a recognized professional. The judge instructed me to have this done, he also instructed the DWP to have my assessment, which was performed by a french Doctor, to be re translated as I had expressed concerns to the DWP at the time I recieved a copy of it, as to its inaccuracies and the judge took my comments on board. A deadline was set for both parties to carry our these instructions, I completed mine in the timescale dictated but the DWP has not replied to the Court. The court has provided me with a date for my next hearing but my question is this, are the DWP in contempt of court? Will I have the expense of a second trip back to the UK for nothing? Does anyone have any experience of this type of situation?
I am disinclined to contact the DWP direct as I feel I have been misled over important issues whilst going through this appeal process. I have asked the court for clarification but as yet have had no response.

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9 years 9 months ago #123357 by Gordon
Replied by Gordon on topic ESA Appeal Adjournment next stage
UY

It is not your responsibility to chase the DWP, in fact you should not have any direct contact with them in regard to your appeal, everything should be done via the Tribunal Service to avoid there being a discrepancy in the information that the three parties have.

It could be that the DWP are deliberately stalling in order to cause you the most inconvenience, it is also perfectly possible that the are incompetent in dealing with these matters, if I had to pick one, it would be the latter.

I would recommend you contact the DWP, and in particular the Clerk of the Court, what you need to know is whether the hearing will be adjourned again should the DWP fail to provide the documents on time, providing it is relevant, I would stress the physical impact of your travelling rather than the cost, this tends to resonate more with the panel. Try and give them a lead time in which you can cancel your travel arrangements at no cost.

Gordon

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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9 years 9 months ago - 9 years 9 months ago #123370 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic ESA Appeal Adjournment next stage
As a former Welfare Rights Lawyer and DLA Tribunal member, I can only reiterate the advice that Gordon has provided.

All I can add is that when I sat on Tribunals and the DWP failed to provide information directed by a Tribunal Judge, then it was taken as if they were refusing to comply with a direction, and in most cases that I sat on led to a successful appeal for the appellant. The same applies for ESA appeals, or for that matter any Social Security Appeal.

Please note the Clerk to the Tribunal is not a DWP employee, but works for Her Majesty's Courts & Tribunal Service.

I'd also suggest you have a look at my guide in Spotlights GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.
The following user(s) said Thank You: birder

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9 years 9 months ago #123411 by birder
Replied by birder on topic ESA Appeal Adjournment next stage
Thank you for your info, I have endeavored to make contact again with the Clerk of the Court regarding clarification but this time by phone, unable to speak to person so have relayed the contents of the emails exchanged with a colleague in the hope I get to hear some news soon, concerned that the emails did not show on the courts system? Good job I apply defensive paperwork and keep copies of all mine and dates on name and times of phone calls in my diary.
I do take on board your comment about how longwinded this whole procedure is, as an example knowing the deadline for info to be provided to the court I did ask could they not prebook a date for the hearingwhen I sent my info to them, but this could not be done till the deadline date had passed! I consider myself a reasonably intelligent person but am becoming worn down by this whole procedure and it is certainly having a negative affect on my already poor state of health but after reading a number of posts it seems to be that this is just part of the tactics employed.
Una

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