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ESA appeal today
- Daisydream
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10 years 4 months ago - 10 years 4 months ago #114553 by Daisydream
ESA appeal today was created by Daisydream
My ESA appeal was scheduled to take place today at 10.40am, I received a phone call at 9.30am from the Clerk to the Tribunal asking me if i was planning to attend the tribunal, I told her yes that I would be there as I had requested a oral hearing, I enquired regarding disabled parking as I am a blue badge holder and I cannot walk far and she told me there was no parking facilities outside the court. At 9.45am got another call from the same lady telling me the tribunal had been ajourned because the judge had decided that something was missing from the tribunal papers, can you please advise me as to what's going on, my appeal papers consists of 153 pages and they have had them 2 weeks, surely they should have been read beforehand and not on the morning of the appeal. My husband had to take a day off work to take me to the tribunal. Any suggestions would be appreciated. The Clerk of the Court did say that I would received a letter maybe midweek stating what is actually missing and hopefully another date. Thank you.
Last edit: 10 years 4 months ago by Gordon.
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10 years 4 months ago #114556 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal today
Daisy
I know it is frustrating but you will need to wait until you receive the letter, anything we might come up with as to the problem would be pure guesswork.
Although the papers for an appeal are issued in advance of the hearing, they are not usually read, in depth, until the night before or the day of the hearing, the panel members will likely be hearing multiple cases throughout the day and they need to ensure that they do not confuse the details of one case with another.
Gordon
I know it is frustrating but you will need to wait until you receive the letter, anything we might come up with as to the problem would be pure guesswork.
Although the papers for an appeal are issued in advance of the hearing, they are not usually read, in depth, until the night before or the day of the hearing, the panel members will likely be hearing multiple cases throughout the day and they need to ensure that they do not confuse the details of one case with another.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Daisydream
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10 years 4 months ago - 10 years 4 months ago #114557 by Daisydream
Replied by Daisydream on topic ESA appeal today
Hi Gordon
Am I correct in thinking that the DWP should get in touch with my own GP regarding my medical condition, should they have requested a ESA113 completed by my GP?
Am I correct in thinking that the DWP should get in touch with my own GP regarding my medical condition, should they have requested a ESA113 completed by my GP?
Last edit: 10 years 4 months ago by Gordon.
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10 years 4 months ago - 10 years 4 months ago #114567 by Gordon
The DWP are not required to contact a claimants GP for additional information, a recent DWP statistic shows that they only contact the GP in about 25% of assessments and most usually when there is a possibility of a Support Group award.
More worryingly, the DWP report that only a 1/4 of GP's actually respond to their request, despite their being contractually obliged to do so and receiving an extra payment for doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal today
Daisydream wrote: Hi Gordon
Am I correct in thinking that the DWP should get in touch with my own GP regarding my medical condition, should they have requested a ESA113 completed by my GP?
The DWP are not required to contact a claimants GP for additional information, a recent DWP statistic shows that they only contact the GP in about 25% of assessments and most usually when there is a possibility of a Support Group award.
More worryingly, the DWP report that only a 1/4 of GP's actually respond to their request, despite their being contractually obliged to do so and receiving an extra payment for doing so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 4 months ago by Gordon.
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- Daisydream
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10 years 4 months ago #114574 by Daisydream
Replied by Daisydream on topic ESA appeal today
Gordon
Thank you very much for your advise it is very much appreciated Gordon, I will keep in touch and let you know.
Regards
Daisydream
Thank you very much for your advise it is very much appreciated Gordon, I will keep in touch and let you know.
Regards
Daisydream
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