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Tribunal adjournment/withdrawal
- DizzyPaul
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11 years 2 months ago - 11 years 2 months ago #100875 by DizzyPaul
Tribunal adjournment/withdrawal was created by DizzyPaul
Hi I am a Newbie to the forum but I’m hoping someone can point me in the right direction
Last July 2012 I had an ATOS medical… after which I received the decision my previous Incap Benefit had been superseded and I have been placed onto ESA. Conversion decision (LCW placed in WRAG) It stated I am to be treated as having Limited Capability for Work. It also determined that by reasons of my physical/mental conditions none of the descriptors set out in Schedule 3 of ESA Regulations apply. It also said that I do not have limited capability for work related activity and will be placed in a Work Related Activity Group.
I disagreed with the decision after reading up on the Schedule 3 etc. and asked for it to be reviewed stating the reasons why but the decision was upheld so I appealed. I received all the paperwork and there were numerous statements from the ATOS Dr. that are incorrect or assumed. I went to the tribunal 2 weeks ago, the Tribunal Doctor saw that I was emotional and both Doctor and Judge advised off the record that I should adjourn and seek advice before continuing.
I received a decision notice from the ASC stating the appeal had been adjourned and that I have 28 days to either proceed of if not it will be classed as withdrawn. I was aggrieved to read that although the tribunal didn’t go ahead the letter stated that “No decision had yet been taken but there was some information in evidence the Tribunal already had which might mean the award was reduced or I might lose.”
I have been to CAB but unfortunately there is no one with the knowledge or expertise to advise me they just gave me a list of solicitors which I cannot afford. The Welfare Rights Centre has gone so I'm stuck.
I have Fibromyalgia and Dysthymia (long term depression) I do not feel I would emotionally hold up to the Tribunal questioning on my own, so my only option is to withdraw.
Finally the Questions….
A) What the effect will the comments made by the Judge on the adjournment notice have on my existing benefit.
B, Can I ask for those comments to be removed from my files?
C) Would it be prudent to write and explain the reasons for withdrawing or just let it lapse.
Many thanks in advance
Last July 2012 I had an ATOS medical… after which I received the decision my previous Incap Benefit had been superseded and I have been placed onto ESA. Conversion decision (LCW placed in WRAG) It stated I am to be treated as having Limited Capability for Work. It also determined that by reasons of my physical/mental conditions none of the descriptors set out in Schedule 3 of ESA Regulations apply. It also said that I do not have limited capability for work related activity and will be placed in a Work Related Activity Group.
I disagreed with the decision after reading up on the Schedule 3 etc. and asked for it to be reviewed stating the reasons why but the decision was upheld so I appealed. I received all the paperwork and there were numerous statements from the ATOS Dr. that are incorrect or assumed. I went to the tribunal 2 weeks ago, the Tribunal Doctor saw that I was emotional and both Doctor and Judge advised off the record that I should adjourn and seek advice before continuing.
I received a decision notice from the ASC stating the appeal had been adjourned and that I have 28 days to either proceed of if not it will be classed as withdrawn. I was aggrieved to read that although the tribunal didn’t go ahead the letter stated that “No decision had yet been taken but there was some information in evidence the Tribunal already had which might mean the award was reduced or I might lose.”
I have been to CAB but unfortunately there is no one with the knowledge or expertise to advise me they just gave me a list of solicitors which I cannot afford. The Welfare Rights Centre has gone so I'm stuck.
I have Fibromyalgia and Dysthymia (long term depression) I do not feel I would emotionally hold up to the Tribunal questioning on my own, so my only option is to withdraw.
Finally the Questions….
A) What the effect will the comments made by the Judge on the adjournment notice have on my existing benefit.
B, Can I ask for those comments to be removed from my files?
C) Would it be prudent to write and explain the reasons for withdrawing or just let it lapse.
Many thanks in advance
Last edit: 11 years 2 months ago by . Reason: Tick.
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- Gordon
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11 years 2 months ago #100877 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal adjournment/withdrawal
DizzyPaul
Welcome to B&W, the following FAQ explains where everything is
Welcome to Benefits and Work
With regard your questions.
The only circumstances, that I am aware of, where a Tribunal panel would adjourn a hearing, would be if they strongly believed that they would remove your existing award. Tribunals have a duty of care to the claimant that where this is a possibility, they must give the claimant the opportunity to withdraw their appeal.
It is possible that there is some other reason, perhaps they were concerned about you mental health, but in this case I would have expected them to suggest you opt for a Paper hearing, which you would not be required to attend, rather than withdrawing the appeal as a whole.
I can only recommend you trying to get face to face advice, the following may help
Where to get advice?
Gordon
Welcome to B&W, the following FAQ explains where everything is
Welcome to Benefits and Work
With regard your questions.
The only circumstances, that I am aware of, where a Tribunal panel would adjourn a hearing, would be if they strongly believed that they would remove your existing award. Tribunals have a duty of care to the claimant that where this is a possibility, they must give the claimant the opportunity to withdraw their appeal.
It is possible that there is some other reason, perhaps they were concerned about you mental health, but in this case I would have expected them to suggest you opt for a Paper hearing, which you would not be required to attend, rather than withdrawing the appeal as a whole.
I can only recommend you trying to get face to face advice, the following may help
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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