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Had my ESA Tribunal today

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10 years 5 months ago #113450 by Berkeley
Replied by Berkeley on topic Had my ESA Tribunal today
Yes I attended on my own, but I did so because the first tribunal I ever attended with a local representative was the worst ever as the representative said absolutely nothing at any point rand many of my friends have had the same experience with our local disability advice office.

I have attended a tribunal on my own and won simply because I have had the bundle of documents and had time to prepare however with this case, the bundle arrived yesterday afternoon and because I was working, I had no time to go through all of it and was too exhausted this morning. Because I have a trail of emails and phone call logs of calls/requests to the Tribunal for the Bundle of documents to be forwarded to me, that in itself should/could constitute an error in proceedings and the clowning around today was just additional.

Granted, if I had someone with me who had their act together, it would have helped, so I hope you have the bundle already, you are prepared and you are successful. On the basis of not having had an opportunity to prepare meant I had reasons for ask for an adjournment and the judge really should have given me one. I think the doctor stating that the bundle wasn't needed for answering her questions was their attempt to override the importance of the issue, but it has failed because I will still be appealing.

Yours will be fine. I have never encountered a formal situation where the person asking questions interrupts before you answer. In teaching we are told to, 'allow the student adequate time to answer,' and would marked down in an inspection if we didn't do so and interrupted them before they finished what they had to say. I repeat, mine was a very irregular hearing.

Good luck next week!

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10 years 5 months ago #113462 by slugsta
Replied by slugsta on topic Had my ESA Tribunal today
DT, the 'bundle' should have been sent to you by the DWP wne your case was passed to the Tribunal Service. Did this not happen?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Berkeley

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  • Judith
10 years 5 months ago #113464 by Judith
Replied by Judith on topic Had my ESA Tribunal today
Thank you for your comments.

My husband is coming with me and I have never attended this sort of a meeting before except when the NHS took me to a Disciplinary hearing for being off sick legitimately, say no more.

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10 years 5 months ago #113466 by Berkeley
Replied by Berkeley on topic Had my ESA Tribunal today
Hi Hurty and thanks for responding. No it didn't and because I had a DLATribunal late October I only remembered I didn't have the ESA bundle early November so for the past two weeks I have been ringing and emailing them. Only got it yesterday and was only able to read a few pages of it (120 pages in total!).

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10 years 5 months ago #113474 by slugsta
Replied by slugsta on topic Had my ESA Tribunal today
This might count as an Error in Law, but you really need an expert in this field to advise you.

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

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10 years 5 months ago - 10 years 5 months ago #113478 by Berkeley
Replied by Berkeley on topic Had my ESA Tribunal today
Yep, I believe it is to but as you know legal aid for appeals is no non existent so I will just have to find out what I can online and write how I believe the law should be interpreted. It surely can't make sense that a day that has absolutely no relevance to the appellant, i.e. a day a bloke in the DWP made the decision, is the ONLY day that is to be considered.

The more I think of it, the more I realise it was a farce. I'll get my appeal but it will take ages. I'm off ESA now but I am still chasing the money they should have given me. I will keep you guys informed and thanks a bundle of all your help today.

I would have won it if I had the bundle as I know exactly what descriptors I should have applied and could have prepared properly and would not have been put off by the doctor.
Last edit: 10 years 5 months ago by Gordon.

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