3rd tribunal for same claim!!

the only evidence i have supplied the court with is all of my medical letters supporting my illness. the last 1st tier tribunal was pulled apart by the upper tribunal stating it was a complete mess and the whole thing should be reheard

the last tribunal i had it stated that a dwp person must be present and they sent noone but yet the hearing went ahead....they have stated again this time that a dwp person must be present....what grounds on that do i have?

ben buckley wrote: the only evidence i have supplied the court with is all of my medical letters supporting my illness. the last 1st tier tribunal was pulled apart by the upper tribunal stating it was a complete mess and the whole thing should be reheard

the last tribunal i had it stated that a dwp person must be present and they sent noone but yet the hearing went ahead....they have stated again this time that a dwp person must be present....what grounds on that do i have?

Hi bb,

Although it will not "reflect kindly" on The DWP if they don't to take any notice of The UTT's directions and fail to send a Presenting Officer, (PO) as far as you are concerned it will make little difference.

You will still have to present and prove your case to The FTT panel.

bro58

Hi, I am in the same position for ESA - the 2nd Tier Tribunal Judge has ordered a new 1st Tier Tribunal hearing, which has now been set for late January, 2016. I have also submitted all my medical letters from Consultants whose clinics I attend even while the 2nd Tier Judge was deciding. This has been going on since Spring 2013 and I have not received any benefit since the beginning of June, 2014. I sincerely hope you get the result you need. I will lose my home if I am not put in the Support Group as my ill health pensions only just cover my basic outgoings and my savings are nearly gone. I too have fibromyalgia amongst many other conditions including chronic depression and all this has been a nightmare.

Good luck and all the best.

both my last 2 tribunals have based their decisions on medical letters that i supplied which were dated after i made my claim

ben buckley wrote: both my last 2 tribunals have based their decisions on medical letters that i supplied which were dated after i made my claim

Hi bb,

Yes, that's fine !

As long as the information in the letters dated after the adverse decision appealed can be tied to the medical conditions and resulting limitations that you were suffering at the time of the adverse decision appealed.

Tribunals only "re-look" afresh at whether you should have qualified for the "benefit" at the time of the adverse decision.

They will not take into account any change or deterioration in your medical conditions since that time.

If you think about it, how could they ?

If they did, it would leave their decision open to challenge at The UTT as an Error in Law !

bro58