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Judge's verbal behaviour at ESA Appeal Meeting

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9 years 9 months ago #123605 by Ruby
In March this year I attended an ESA appeal in Leeds against being placed in the WRAG rather than the SG. The bench complimented me on the detailed information I submitted (thanks to your guidance information). The outcome was that I was placed in the SG, but the Judge said I should have a Medical / Re-assessment within 3 months. Now / still awaiting DWP communication on this outcome.

However, during the course of the meeting the 'Judge' proceeded to say two things which continue to annoy me ....... to the point where I would like to make a formal complaint to his 'bosses'. 1. I was told that I should have had a formal initial ATOS medical assessment rather than being given ESA 'on the nod'[my words]. 2. My husband, in his capacity as a Personal Representative was asked if he was working, with the clear implication that if he was, we would have enough money to live off and not need to claim the allowance .... to which we were entailed (being non-means tested in the first year when in the WRAG group). As it happens he quietly replied that he is on a small pension. We both thought better of it about complaining then and there, that such a question was inappropriate, since we did not want to jepordise any decision. I was aware that it is possible to get a transcript of the Appeal proceedings (to check what was 'said', but did not realise that this request had to come within a four week period immediately after the Appeal. I wrote anyway to the Appeal Service admin. staff in Leeds asking generally for a transcript. The replay formally saying 'No' to a copy but the judge said 'yes'; But no transcript was sent!

Can you give me some advice please: Is there any higher authority to whom I can complain? Is it still possible to obtain a transcript of my Appeal? Seeing today's Newsletter where 4 people are reported to have been placed in the SG directly without a medical, does this Judge know his law / rules ... or do we have to accept he is a 'law unto himself' !!! It has to be noted that the doctor seemed very fair minded and discussed about the different categories / bands and obtaining points under the Regulations. Is there any way of finding out what a Judge's professional background is? Using Google his name keeps coming up a blank.

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9 years 9 months ago #123607 by Gordon
Ruby

The following has details of making a complaint about a member of your panel

Complaining to the Tribunal Service

The Record of Proceedings, unless your hearing was recorded (which would be very unusual), is based on the Judges notes and is very unlikely to contain any details of what they said during the hearing.

Can I offer two different interpretations to the comments.

If ATOS made a recommendation on your claim without seeing you then this may have disadvantaged you, if they had done a face to face they may have recommended the SG from the outset and avoided you having to appeal, we have seen this with a lot of members, especially those transferred from IB.

By asking whether your husband worked they may have been trying to get a better understanding of the help you needed, obviously, if your husband did work it would be reasonable to assume that you could cope with less assistance, that fact that he doesn't and looks after you would suggest you need a lot of help and may have been supportive of your SG award.

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 #123635 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 Judge's verbal behaviour at ESA Appeal Meeting

Is there any way of finding out what a Judge's professional background is?

Not without their name. However those who sit on tribunals are Tribunal Judges, they don't sit in any other capacity.

You can complain about the Tribunal Judge to the President of the Social Entitlement Chamber, which hears all social security appeals is His Honour Judge John Aitken.

You can read his bio HERE although it's now out of date. He was Deputy President, but was appointed President this year.

His contact address is :

The Pearson Building
57 Upper Parliament Street, Nottingham
NG1 6AZ

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

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