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LOST ESA TRIBUNAL APPEAL!
- Shamusy
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5 years 1 month ago #245887 by Shamusy
LOST ESA TRIBUNAL APPEAL! was created by Shamusy
hi all,i have recently lost my ESA tribunal appeal,
but i want to appeal against that decision?.
can i reclaim for ESA whilst this is going on?,its been over 11 months since my last fit for work medical,and things have got worse,and i also have a couple of new problems!.
for anyone who wants the background to why im here?
i failed my assessment last april 2019
appealed to the tribunal after the mandatory,had been in touch with welfare rights to set the ball rolling etc,was told to contact them again when i had a court date.
10 months later i got a court date,contacted the welfare rights to make an appointment to see my representative,but was told she was off work awaiting an opp to remove a cancerous kidney!.
so i asked the court to adjourn until further notice,they (sort of ) did??,but sent me another date for approx 6 weeks after.i was unable to find another representative,even the citizens advice couldnt help.
so i contacted welfare rights again,to be told my representative was still recovering,and would not be able to go to court with me still,and she was the only person from there that goes to court with you,and the court wouldnt adjourn again!?.
so i wrote to (emailed )the court asking if i could send an explination of why i was still unable to attend because of my rep,and that i had a new health problem ,lets just say i was leaking a lot of blood and mucus allday everyday for several weeks!.
but had no reply?
so i sent the explination anyway,and a summary of all my health problems,the situation i was in,the things i disagreed with regarding the assessment etc,and asked that this all be presented to the judge/doctor as part of my case.
still no reply.
the hearing went ahead without me there,and the court said 'appeal denied'.....the appealant didnt turn up even though he had asked for an oral hearing blah blah.as if the judge and doctor had Not seen the emails i had sent,and just thought i couldnt be bothered to turn up!??.
it says i can ask for the desision to be 'set aside' if either me or my representative couldnt appear for the hearing,or if i believe paperwork relating to my case had gone astray?,so im thinking im covered on all those grounds??.
but now my appeal rate of ESA has been stopped,so ive got to claim universal credit!!,but read somewhere once i do that i can never go back on esa even if i won my case?.
so i am stumped!!!
but i want to appeal against that decision?.
can i reclaim for ESA whilst this is going on?,its been over 11 months since my last fit for work medical,and things have got worse,and i also have a couple of new problems!.
for anyone who wants the background to why im here?
i failed my assessment last april 2019
appealed to the tribunal after the mandatory,had been in touch with welfare rights to set the ball rolling etc,was told to contact them again when i had a court date.
10 months later i got a court date,contacted the welfare rights to make an appointment to see my representative,but was told she was off work awaiting an opp to remove a cancerous kidney!.
so i asked the court to adjourn until further notice,they (sort of ) did??,but sent me another date for approx 6 weeks after.i was unable to find another representative,even the citizens advice couldnt help.
so i contacted welfare rights again,to be told my representative was still recovering,and would not be able to go to court with me still,and she was the only person from there that goes to court with you,and the court wouldnt adjourn again!?.
so i wrote to (emailed )the court asking if i could send an explination of why i was still unable to attend because of my rep,and that i had a new health problem ,lets just say i was leaking a lot of blood and mucus allday everyday for several weeks!.
but had no reply?
so i sent the explination anyway,and a summary of all my health problems,the situation i was in,the things i disagreed with regarding the assessment etc,and asked that this all be presented to the judge/doctor as part of my case.
still no reply.
the hearing went ahead without me there,and the court said 'appeal denied'.....the appealant didnt turn up even though he had asked for an oral hearing blah blah.as if the judge and doctor had Not seen the emails i had sent,and just thought i couldnt be bothered to turn up!??.
it says i can ask for the desision to be 'set aside' if either me or my representative couldnt appear for the hearing,or if i believe paperwork relating to my case had gone astray?,so im thinking im covered on all those grounds??.
but now my appeal rate of ESA has been stopped,so ive got to claim universal credit!!,but read somewhere once i do that i can never go back on esa even if i won my case?.
so i am stumped!!!

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- Gary
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5 years 1 month ago #245891 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic LOST ESA TRIBUNAL APPEAL!
Hi Shamusy
The first thing you need to do is request a statement of reason (SOR) from HMCTS within one month of the Tribunal decision, your local welfare rights unit should be able to help you. Once you get the SOR you then need to look for an error in law in which to appeal the decision.
As you lost your appeal your ESA would have stopped. You are correct when you say that once you go on to UC you cannot come off it and go back on to legacy benefits.
All Universal Credit claimants are required to sign a Claimant commitment even if they are hoping to be declared Unfit for Work. You will need to submit a fit note if you are hoping to be declared unfit for work. Your Assessment Period does not start until you sign a claimant commitment?
Gary
The first thing you need to do is request a statement of reason (SOR) from HMCTS within one month of the Tribunal decision, your local welfare rights unit should be able to help you. Once you get the SOR you then need to look for an error in law in which to appeal the decision.
As you lost your appeal your ESA would have stopped. You are correct when you say that once you go on to UC you cannot come off it and go back on to legacy benefits.
All Universal Credit claimants are required to sign a Claimant commitment even if they are hoping to be declared Unfit for Work. You will need to submit a fit note if you are hoping to be declared unfit for work. Your Assessment Period does not start until you sign a claimant commitment?
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jo2468
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5 years 1 month ago #245892 by Jo2468
Replied by Jo2468 on topic LOST ESA TRIBUNAL APPEAL!
I dispensed with the services of a law society rep the day before my Tribunal. I turned up with my husband (2017) and had to explain her absence. I said I had fired her and more importantly why.
These people are not equipped to deal with the demand and regularly cut corners... my own circumstances are testament to that.
I turned up with my husband as support and was given 11 pts and 10 pts from 6 and 4.
I am so sorry that you were let dow by an organisation who is supposed to help you. If you fully believe the report is incorrect and that you meet the descriptors over 50% of the time, then use that to request another hearing. You never attended the hearing... bad choice btw.
Best wishes though,big time!!! I for one will never again use a representative from any organisation. The only person who knows you and your difficulties is quite simply, 'you' use the guides on here, trust me when I say, they are invaluable.
These people are not equipped to deal with the demand and regularly cut corners... my own circumstances are testament to that.
I turned up with my husband as support and was given 11 pts and 10 pts from 6 and 4.
I am so sorry that you were let dow by an organisation who is supposed to help you. If you fully believe the report is incorrect and that you meet the descriptors over 50% of the time, then use that to request another hearing. You never attended the hearing... bad choice btw.
Best wishes though,big time!!! I for one will never again use a representative from any organisation. The only person who knows you and your difficulties is quite simply, 'you' use the guides on here, trust me when I say, they are invaluable.
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- Jo2468
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5 years 1 month ago #245893 by Jo2468
Replied by Jo2468 on topic LOST ESA TRIBUNAL APPEAL!
Sorry I was talking about my PIP assessment. My views remain the same whether it be ESA/DLA/UC or Pip. Xx
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