Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: Tribunal Query

Tribunal Query 8 years 10 months ago #41885

  • JANICE
Hello,
Happy New Year to everyone. I have another one of my complicated enquiries so here goes:-
I have now got a tribunal date for claim 1 (August 2009-May 2010) but am still waiting to see if DWP revise their disallowance of Claim 2 (August 2010 to date, which was classed as linking with claim 1 due to worsening condition).I have rung DWP 4 times to ask them if they have revised their decision to disallow my latest claim or if they are
referring me to tribunal.If they are referring current claim to tribunal, they will need to link the case with the existing papers as this is effectively one claim. I pointed out that they should have replied to my appeal paperwork within 14 days but they just said they are behind!What I would like to do is ask the tribunal to defer hearing the info for first part of claim until DWP have either revised their decision on current claim or confirmed their disallowance and sent papers to tribunal which( they have not). I phoned the tribunal Admin section who said I could request a postponement of Hearing(due 21st of this month) pending decision on current claim from DWP! Not sure what to put in letter as I dont want to do anything that will make things difficult for me. Help! Thank You Janice

Please Log in or Create an account to join the conversation.

Re:Tribunal Query 8 years 10 months ago #41970

I would be inclined to contact the DWP office which handles your claim yet again (you don't say what benefit to which the appeal relates), and ask them to expedite the decision on your second claim.

You should point out that a decision is required as there is currently an appeal outstanding, and in the absence of any decision you are unable to decide whether to seek a postponement of your hearing on 21 January. If the DWP are unable to give you a decision you could simply go ahead with the appeal before the tribunal. In fact, if you decide to request a postponement the tribunal may decide to go ahead with your appeal in any event, as they are often reluctant to delay the proceedings if at all possible, in which case you will need to lodge another appeal against the second decision, if necessary? In these circumstances the appeal tribunal will only be looking down to the date of the first decision under appeal.

Unfortunately you are caught between a rock and a hard place in your current circumstances, and as such you are in the hands of both the DWP and the appeal tribunal. Consequently, it is difficult to give you a definitive answer as how to proceed, as regrettably nobody can second guess the actions of the authorities involved with your claims/appeal.

Please Log in or Create an account to join the conversation.

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

Re:Tribunal Query 8 years 10 months ago #41979

  • JANICE
Okay will give the DWP another try, I am receiving ESA at the moment. The reason I want both claims heard at the same time is that the ATOS doctor actually awarded me some points this time although it was only six as opposed to nil the first time round and although this is not enough it does seem to support my case of my condition worsening. I have also seen My consultant since the appt with ATOS and he has referred me for ongoing Physiotherapy which would also seem to support my case. Would it help if I sent this info to the Tribunal along a letter asking for postponement? Thank you
Janice

Please Log in or Create an account to join the conversation.

Re:Tribunal Query 8 years 10 months ago #42017

Janice

The Tribunal can only review evidence, that was available at the the time that each of the decisions you are appealing were made.

That does not mean you cannot submit such evidence (e.g. your physiotherapy), but the Tribunal may choose to ignore it.

Gordon

Please Log in or Create an account to join the conversation.

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

Re:Tribunal Query 8 years 10 months ago #42934

  • JANICE
Okay I am really confused now I have just been talking to DWP about my impending Tribunal next week for ESA. I have 2 claims which link (went back to work for 2 months but condition got worse so claimed again).Thought Tribunal would hear both claims together as linking claims, but apparently the linking is only taken into account for qualification for benefits not for Tribunal Hearing. Given the fact that my latest claim was disallowed due to score of 6 on medical assessment as opposed to 0 points on previous medical thought this supported claim of worsening condition along with medical report, new meds and physiotherapy. DWP said that this tribunal was for first part of claim only, so how can they be classed as linking if they choose what linking applies to? Help?

Please Log in or Create an account to join the conversation.

Re:Tribunal Query 8 years 10 months ago #42942

JANICE

The two Tribunals are reviewing the two decisions that your have previously been given, for "0" and "6" points.

Each decision is being reviewed seperately, just as the rwo decisions were made, and since you are not appealing anything regarding the linking of your claims (not the decisions), this aspect is not being reviewed.

Hope this explains it.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: GordonGaryBIS