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ESA re-hearing

  • Daisydream
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9 years 11 months ago - 9 years 11 months ago #121401 by Daisydream
ESA re-hearing was created by Daisydream
Just to update the situation regarding my appeal to grant leave of permission to the upper tribunal.
Had a reply stating the following: The District judge has decided that a new tribunal should hear your appeal. The application does not need to be considered by the Upper Tribunal. Decision Notice reads: It is appropriate to review the decision because the reference to "refuse. No. Sch 3. No reg 35" as the first entry on the record of proceedings in the absence of explanation suggests that the tribunal had made its mind up before taking any evidence. This is an error of law. I have not considered any of the other grounds of appeal. The deciision is set aside. The appeal is to be relisted as an oral before a freshly constituted tribunal. Can you please suggest what I should be doing differently regarding this re-hearing, I am so confused with the whole process. Many thanks. Also I am a bit confused as to why all my previous communications (posts) have been deleted for some reason. I have tried emailing but with no success. Thanks.
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121403 by Gordon
Replied by Gordon on topic ESA re-hearing
Daisydream

None of your previous posts have been deleted but we do seem to have a problem with members being able to find them . :)

The best thing you can do is to go through the Statement of Reasons from the original Tribunal to see why they thought you did not qualify, it could be because of the way you explained your limitations during the hearing, it could be because your evidence was not explained well in any submission that you made to the panel.

Basically, you need to consider what you can change to make it clearer to the new panel why you should qualify.

Gordon

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

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  • Daisydream
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9 years 11 months ago - 9 years 11 months ago #121405 by Daisydream
Replied by Daisydream on topic ESA re-hearing
Many thanks Gordon your reply is greatly appreciated. How do I locate my old posts?
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #121409 by Gordon
Replied by Gordon on topic ESA re-hearing

Daisydream wrote: Many thanks Gordon your reply is greatly appreciated. How do I locate my old posts?


Under normal circumstances you should be able to click on the Profile button or your username to the left of the posts.

We have someone looking at the problem today and it may be fixed, but if it is not then the only thing you can do is to do a search, click on the search link link at the top right of the forum, this is not the "search" box at the top of the page.

On the new page click on search the forum from this link and then type your username as it appears in the forum in the keywords field and click on search, unfortunately this will not find all of your posts but it will find every topic where one of your posts has been quoted in a reply.

Gordon

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

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  • Daisydream
  • Topic Author
9 years 10 months ago #123259 by Daisydream
Replied by Daisydream on topic ESA re-hearing
Just to let you know the outcome of my re-hearing on 20th June, this hearing was completely the opposite to the first one, whilst I still had 45 minutes of questions from the Judge and Doctor this time they were very pleasant and I am very happy to report that I won the appeal and was placed in the Support Group of ESA.
Furthermore the Judge has instructed that the DWP do not re-asses me for 2 years. I am now having to claim for PIP and hopefully I will be transfered from DLA higher rate mobility which I am currently on to this new PIP benefit. I wasn't suppose to be claiming this until October 2015, but for some reason the DWP have ransomly chosen me.
For anyone who is still fighting for this ESA benefit, all I can say is that it took me from start to finish just over 18 months and I am so glad that I decided to fight it even though at times I felt so desperate and that I was banging my head against a brick wall.
I would also like to thank benefit and works for their excellent service and advise, and I wish to thank all the moderators for their response to all my questions, thanks again.

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9 years 10 months ago #123261 by Gordon
Replied by Gordon on topic ESA re-hearing
Daisydream

Glad to hear that you won your appeal and also that the experience was a lot better than before, a good way to end the week. Thank you for your comments about B&W.

Gordon

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

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