DWP fail to attend two ESA tribunal hearings?What can we do?

emmaf01

A close friend did not get enough points on an ESA ATOS medical in April 2013. She put in appeal forms on time, along with all the medical evidence she could. She had leg and foot issues causing mobility problems, severe gastric problems and PTSD.

She got her first tribunal date on 7th January. She got all worked up, went along and found the DWP hadn't sent anyone. She was told the tribunal would be adjourned.

In the intervening months she has had many hospital appointments, started specialist psychotherapy for the PTSD which has mentally made things worse, had a gastroscopy confirming her stomach issues as well as finding more issues. She has had an MRI and knee surgery and now been diagnosed with further issues requiring treatment and probably further surgery.

All of these things she has supplied info and evidence to the DWP and tribunals service.

Today she went for another tribunal only to be told the DWP had once again not attended. The two people on the tribunal said there were over 300 pages of evidence in her case and they couldn't read them all. They have adjourned this again.

As you can imagine, my friend is now in a right state. She has turned up twice hoping to resolve this and just been sent off again.

She has not been able to get any help with this appeal from her local council welfare rights who say they are too busy, though they have helped her claim PIP. She was awarded low/standard rate mobility for this, though she has been told to appeal as she only need another couple of points and they have made blatant mistakes on the medical decision.

Is there anything she can do? If she hadn't turned up they can make a decision against her, but the DWP haven't turned up twice- with no reason given. Every time she has sent them more evidence, the DWP have just sent back a standard letter saying they have looked again at the decision and will not change it.

How can they just get away with doing this to a blatantly ill person? It's worse than ever and she is cracking with the strain.

jacques_chirac

The DWP rarely send a representative to hearings. Do you have it in writing that this is the reason for the postponement?

Who has submitted the 300 pages of evidence? If the claimant, they need to narrow it down to what is directly relevant to their claim.

emmaf01

The lady attended today to be told no-one had turned up and they needed to adjourn again. This is what she's been told both times- there was less evidence last time. It is evidence the DWP have requested from her GP so apart from hospital reports and references, she has just provided information requested.

She has provided a covering statement as an overview.