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Asking for a direction
- student2007
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8 years 9 months ago #137047 by student2007
Asking for a direction was created by student2007
Hi,
I've just been going over my mum's tribunal papers. Her tribunal is later on in the week.
I noticed that it said:
Parties to the proceeding may request that the tribunal issue a direction at any time. Any application for direction must be in writing giving full reasons for request.
Now I was reading about a direct recently in one of your guides. I am now realizing that due to the difficult in obtaining supporting evidence we could have written to the tribunal asking them to request the DWP to send out a ESA113, which they didn't do.
I feel angry that we weren't advised about this. I really do feel that any useful information I've found out I've had to do my own research to help my mum's case.
I guess this turned out to not be a question, but I needed to share I guess.
I've just been going over my mum's tribunal papers. Her tribunal is later on in the week.
I noticed that it said:
Parties to the proceeding may request that the tribunal issue a direction at any time. Any application for direction must be in writing giving full reasons for request.
Now I was reading about a direct recently in one of your guides. I am now realizing that due to the difficult in obtaining supporting evidence we could have written to the tribunal asking them to request the DWP to send out a ESA113, which they didn't do.
I feel angry that we weren't advised about this. I really do feel that any useful information I've found out I've had to do my own research to help my mum's case.
I guess this turned out to not be a question, but I needed to share I guess.
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8 years 9 months ago #137066 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Asking for a direction
student2007
Even though you can make the request the Tribunal are not required to seek further evidence in regard your mother's problems and even if they do it is very unlikely that this will happen before the day of the hearing.
In reality the panel will not look at her papers until the day of the hearing or the night before, so they will have no idea until then whether further information is needed or whether they are happy that they have sufficient from the DWP and you (on your mother's behalf).
If a request is accepted then they will likely adjourn the hearing and contact her GP for her medical records.
Gordon
Even though you can make the request the Tribunal are not required to seek further evidence in regard your mother's problems and even if they do it is very unlikely that this will happen before the day of the hearing.
In reality the panel will not look at her papers until the day of the hearing or the night before, so they will have no idea until then whether further information is needed or whether they are happy that they have sufficient from the DWP and you (on your mother's behalf).
If a request is accepted then they will likely adjourn the hearing and contact her GP for her medical records.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 9 months ago #137127 by student2007
Replied by student2007 on topic Asking for a direction
Thank you for your response Gordon, very helpful as always, sorry on the delay.
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