the appeal papers

Hi,i have a date for my esa appeal on 26/09/2013 and the letter says to bring the appeal papers i was sent when i come to the hearing.I do not have any appeal papers as not received anything other than the letter with my appeal date,should i have the appeal papers now or will i get them sent before my hearing in a couple of weeks.It has been over a year now waiting for my appeal and have not received
anything at all.So should i already have them and do i need to get them.cheers sue

Hi Suzy,

You should have received a 'bundle' of paperwork from DWP after the mandatory reconsideration was carried out and the case file passed to the Tribunal Service. This would have included a copy of everything associated with your claim, from the ESA50 that you filled in, all the evidence you provided, to the decision maker's paperwork.

If you did not get these, you should contact the Tribunal Service and let them know.

Hi,will phone the tribunal in the morning and ask to send me them,thanks for reply.sue

You need to contact the Tribunals Service dealing with your appeal.

You MUST be provided with a case bundle of files which the Tribunal Members hearing your appeal are provided with. If not, then the Tribunal hearing your appeal would have to adjourn in order that you are provided with all evidence that the DWP have been provided with.

A failure to do so could amount to an 'error of law'

Contact the Tribunals Service ASAP tomorrow and explain you have received no case files in respect opt your appeal.

Sorry Mrs HB, your post wasn't there when I started typing.

Jim

suzy soup wrote: Hi,will phone the tribunal in the morning and ask to send me them,thanks for reply.sue

Hi ss,

Yes, you should contact The TS ASAP.

It is normally referred to as the Evidence Pack or Evidence Bundle.

Both yourself and the DWP must have access to any evidence that is to be considered by The Tribunal Panel in coming to a decision.

You may find the following helpful :

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

bro58