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Esa appeal looking for advice
- phil67
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12 years 2 days ago - 12 years 2 days ago #103898 by phil67
Esa appeal looking for advice was created by phil67
Hi there got an appeal at the end of this month,I had an MRI scan today but the report from it won't be available to my doctor for at least two weeks,I don't think I can have the report in time for the appeal,I phoned the clerk who advised me to go to the hearing and if I don't have the report to ask the judge for another date but what if the judge thinks I've had enough time,can I write to the appeals board today and ask for a cancellation or go to the hearing.
Last edit: 12 years 2 days ago by Gordon.
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- Gordon
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12 years 2 days ago - 12 years 2 days ago #103904 by Gordon
You can ask for an adjournment, but they are not required to grant one.
The key issue with regard this new evidence is whether you can show that it is relevant to the time of the original Decision, if you cannot, then it will be excluded from the hearing. So any report that is produced must state that in addition to showing how you are now, it is also reflective of how you were then or that how you were then, can be easily extrapolated.
Write to the Tribunal Service office dealing with your appeal, do not forget to include the reference number that should be on any letters you have received from them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa appeal looking for advice
phil67 wrote: Hi there got an appeal at the end of this month,I had an MRI scan today but the report from it won't be available to my doctor for at least two weeks,I don't think I can have the report in time for the appeal,I phoned the clerk who advised me to go to the hearing and if I don't have the report to ask the judge for another date but what if the judge thinks I've had enough time,can I write to the appeals board today and ask for a cancellation or go to the hearing.
You can ask for an adjournment, but they are not required to grant one.
The key issue with regard this new evidence is whether you can show that it is relevant to the time of the original Decision, if you cannot, then it will be excluded from the hearing. So any report that is produced must state that in addition to showing how you are now, it is also reflective of how you were then or that how you were then, can be easily extrapolated.
Write to the Tribunal Service office dealing with your appeal, do not forget to include the reference number that should be on any letters you have received from them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 days ago by Gordon.
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