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TOPIC: Esa Appeal!!

Esa Appeal!! 6 days 7 hours ago #246308

Hi all, I have an appeal date scheduled for Monday 6th April 2020. I emailed the hmrct centre that it will be at yesterday, regarding wether or not it will take place still. They got back to me saying yes, no plans to adjourn yet, but are advising both parties not to attend. So I can have a paper hearing, which I was told never to do, as it's much better to attend where possible, or a telephone hearing. I want to opt for a telephone hearing, but don't know wether or not that will be on the same date, or will be at a later date? My problem being I am struggling on my reduced rate benefit as it is, so would like to have this resolved one way or another asap. If anyone can shed any more light on this I we ould be grateful. Thanks in advance.

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Esa Appeal!! 6 days 6 hours ago #246316

T

we don't really have a view of what is happening at Tribunal venues at the moment, a member this morning reported they had attended an Oral hearing, I guess yesterday but beyond that, I don't think I have seen more than a couple of reports, here and on the other sites that I monitor, the only other source of information is the Welfare Rights forum but they are a-typical as they are only talking about hearings that they may attend. They have seen some hearings cancelled and some held over the telephone.

Historically, the Tribunal Service has been ill-placed to make use of video or telephone conferencing, there has been a push to update their services over the last year but the few occasions I have seen it discussed have seen the technology let them down. The rules on properly convened hearings have been relaxed but I think it unlikely that a Judge would go ahead with an ESA appeal without the Doctor present unless it is an Administrative appeal, for example; a failure to attend.

So there is little advice we can offer other than to wait and see what happens. The rules on social-distancing and self-isolation still apply, so you may find that the hearing is cancelled anyway, I would certainly wait, given it is relatively close, to decide whether to opt for a Paper hearing.

Gordon

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