ESA Appeal

lyndac40

HI everyone thanks in advance for any advice.

I got a letter saying my appeal date was the 11/11/11 at 10.30am. I rang my representative last Monday as I had not heard anything from them. I was told they had not received the date of the appeal and they are only able to represent me on either a Monday or a Tuesday I rang the tribunals place and let them know. They said I had to ask for a postponement in writing. I sent the letter recorded delivery the next day.
I got a phone call this morning saying this had been declined and I have to attend on Friday:eek:.
As you can imagine I am totally unprepared for this and would like some advice as how to best handle this situation.

Thanks again for any advice.

Lynda xxx

bobajob_1966

Did you specify on the original form that the representative was only available on certain days?

Have you asked the representative if there is any way they will attend with you on Friday? If not, is there a friend that can go with you?

lyndac40

Hi bobajob

Yes my Representative told them they could only do certain days. They said there was an overlap in the letters and my appeal had already be started. There is no way they can come with me any other day other than Monday or Tuesday.
My mum is going to come with me but I have no idea what kind of questions they are going to ask. I have look at the appeal papers and come up with a couple of points that I disagree with.

For instance I was asked how I got to the assessment I said I had drove. What they did not ask was if my car was a motability car which it is. I thought the whole reason for me having my car was so I could get out and about and take myself places.
There is lot of things in the report I don't agree with. I have printed myself of a list of answers to the questions that were not asked or that I disagree with.

Lynda xxxx

cit_k

Whatever happens, I would think about mentioning to the tribunal, that

a) your representative informed the tribunal they would not be available certain days
b) the tribunal service booked a date that was on one of the days they had already been prewarned the rep could not attend
c) The rep had not been informed of the date of the tribunal, yet you had ( so what else did the rep not get?)
d) You were relying on the representative to help.
e) You asked for it to be postponed, in good time before the tribunal, but were refused.
f) you are attending, without your official rep who was familiar with the case

that way, if need be, you have further grounds for applying for a strike out of the appeal, ie if the upper tribunal finds the procedures unreasonable, and that a rep should have been allowed. However, do not rely on that working, its just a thought, to cover your back.

bobajob_1966

I would not rely on the car argument - they will counter it with 'if you can get out and about, why can you not get to work?'.

You have the right approach, go through the report and explain what you do not agree with. However, you need to play devils advocate with yourself, think about the counter argument to your points.

bobajob_1966

cit_k wrote: »

Whatever happens, I would think about mentioning to the tribunal, that

a) your representative informed the tribunal they would not be available certain days
b) the tribunal service booked a date that was on one of the days they had already been prewarned the rep could not attend
c) The rep had not been informed of the date of the tribunal, yet you had ( so what else did the rep not get?)
d) You were relying on the representative to help.
e) You asked for it to be postponed, in good time before the tribunal, but were refused.
f) you are attending, without your official rep who was familiar with the case

that way, if need be, you have further grounds for applying for a strike out of the appeal, ie if the upper tribunal finds the procedures unreasonable, and that a rep should have been allowed. However, do not rely on that working, its just a thought, to cover your back.

From what the OP has said, I am not sure that your points are valid. If the letter from the rep crossed with that of the tribunal, it sounds like the rep should have contacted them sooner. Also, unless the OP was only given very short notice of the hearing, the request for postponement was not made 'in good time'.

lyndac40

HI bobajob

It was more than likely my own fault the welfare rights round here are on at different times and days every week. When I eventually did get to see them I had to wait 2 hours to see someone.

I see your point about the car but they didn't even ask me if I received DLA. My REP said to take my award notice with me when I go and make sure they have a copy of it before I am called.

Lynda xxxx

bobajob_1966

Your DLA award is not really relevant (although it will not hurt for the tribunal to be aware of it), a DLA award does not stop someone working.

Really focus on the ESA descriptors, how the DWP say you do not meet them, and then respond with how you do.

lyndac40

HI bobajob,

I understand where your coming from. I found something on another post that was very interesting working my way through it jut now.

lynda xxxxx

lyndac40

Hi everyone.

Had my appeal today what a nightmare, never mind its done now. I didn't see any point in asking for an adjournment so went ahead with it on my own. No decision was made they said I will receive a letter in the next couple of days.

Lynda xxxx

lyndac40

HI everyone,

Got a letter this morning my appeal has been disallowed. So what next any idea anyone.

Lynda xxxx