esa tribunal

fedup.com_2

hello i have another thread on here but i have started a new thread so everyone dont have to go through all the replies.

basically yesterday was supposed to be my tribunal, an hour before hand i recieved a call saying that they had adjourned.

this was because the judge and the doctor felt that a mistake had been made by the DWP, and that the doctor that had examined me in dec 2011 had used the wrong descriptors.

also the eveidence i sent them which was my dla medical which had been done 2 weeks previous and awarded me high rate mobility and my first wca which i scored 15 points together with their knowledge of my conditions was inconsistent.

any way today i have recieved a letter outlining the points that they felt left them no choice but to adjourn. the same letter was sent to the dwp to.

the letter states:

1: the respondent is directed to clarify whether the appellants ESA50 dated 30/03/11 in the bundle relates to this appeal,or to an earlier one. If it relates to this appeal,it is an ESA50 edition10/10 so refers to the WCA in the unamended ESA regulations 2008. The medical examination in dec 2011 was conducted under the amended 2008 regualtions and thus the respondents decision was based on a false premise.
If on the other hand the ESA50 relates to an earlier appeal the bundle is incomplete.

2:if the respondent is to make a fresh decision, its attention is drawn to the award of the DLA higher rate mobility to the appellant based on a home visit medical report dated 2 weeks prior to the ESA85 awarding no points including for mobilisation.

3: the appeal was adjoourned today because the tribunal was not ready to proceed.

so the dwp have sent iincorrect information to the tribunal the esa50 that was dated in march 2011 was infact for the wca i had in may 2011 and scored 15 points.so they havent even sent the correct esa50 which is why it seems that the wrong descriptors have been used.
so i have waited for a year for my tribuna and the dwp have sent the wrong information.

what is likely to happen now will i have to have a new medical,
will the dwp just make a new decision. so that i dont have to wait any longer for the tribunal.

thank you for getting this far.

rogerblack

Several things can happen at this point.
Firstly - the DWP just supply the correct ESA85, without looking at your decision again, and the tribunal proceeds.

Secondly - the DWP make a fresh decision that's more favourable to you, and the appeal lapses. (this decision is seperately appealable).

Thirdly - the DWP can't find it - and the tribunal may do various things including granting you the award.

However.
The ESA85 that was supplied to the tribunal is faulty.
If the date of 30/3/11 is correct (and it's not for example a 30/3/09 form with a very badly written date), they have used the wrong descriptors to assess you against - and this may have a significantly different outcome.

Which WCA are you appealing against?

fedup.com_2

Thank you for you reply roger black.

The WCA I'm appealing against is the one in dec 2011 which awarded me 0 points.
The ESA50 that should have been used was sent to DWP/ATOS in September 2011