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Esa tribunal appeal -the appeal is refused

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5 years 2 months ago #245189 by Shamusy
hi all,bad news today,after waiting 10 months for a tribunal hearing,its over,i lost!.
but i am wondering if i can ask forthe decision to be set aside??.

bit of a long story,but basically i had a court date for Jan 2019,i had to ask for it to be adjourned as my representative could not attend as she was awaiting an opp to have a cancerous kidney removed.
it was adjourned.
then unexpectedly i recieved another court date fo about 6 weeks after.
i sent emails to the court explaning that my representative was still in recovery and would not be able to attend,and due to a new medical problem neither would i ,and asked if i could send a summary of what i wanted the Judge/Doctor to read in my absence,explaining everything i disagreed with at the fit for work assessment etc.
i recieved no reply within the 10 days they stated i would,so i sent everything anyway,and still didnt recieve any confirmation etc that the emails had been viewed and would be presented towards my case.

on my court disicion letter it states
1.'The Appeal Is Refused'
5.no schedule 3 descriptor applied.regulation 29 was considered but did not apply
The appellant did not attend todays hearing despite having requested an oral hearing.

im not sure what no.5 means??,
and i am led to conclude that my explanation on why either my representative or I could not attend,and my summary was not recieved/viewed/or presented to the Judge/Doctor to support my case.
i get the impression that they thought i just 'hadnt bothered' to turn up!?.

so any advice,or info on how i should proceed?,what should i do next etc?.ive been on Esa for approx 6 years,always getting enough points to get me into the wrag,but this time they gave me Zero points!?.,even though i have got worse over the years,and have more medical problems from the last 2 esa claims.
im absolutley stumped/stressed/and soul destroyed!.
i think the dwp are simply failing everybody,on the hope that a lot dont bother to appeal (or cant due to how hard it is on your health!?),and those that do,only some will win,therefore they cannot lose them all!!.

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5 years 2 months ago #245196 by BIS
Hi Shamusy

Schedule 3 refers to the Support Group descriptors.

They considered regulation 29, but says that it does not apply. Regulation 29 is about Exceptional Circumstances

www.legislation.gov.uk/uksi/2008/794/regulation/29/made

The issue about you not attending is a separate issue.

There are particular rules about challenging a decision and this is down to an error in the law.

What is an Error of Law?
www.benefitsandwork.co.uk/help-for-claim...ppeals-faq#Appeal100

The first part of the process is to request a Statement of Reasons

www.benefitsandwork.co.uk/help-for-claim...appeals-faq#Appeal90

It is only when you see the statement that you will have a clearer idea of why the decision was made.

BIS

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