ESA Tribunal from Hell !!!

Alice_Holt

If the tribunal made an error in law, it is possible to ask the tribunal service that the decision be set aside and the appeal is re-heard.

The first stage in the process is to request "a statement of reasons". Details will be on your decision letter, but basically write to the TS requesting this and a copy of the judge's notes.

The next stage is to spot an error in law - this is more tricky. You may wish to try to get help from CAB / Law Centre with this. Things to look for:
Did the tribunal prefer one set of evidence to other another without fully explaining why?
Was there a breach of natural justice because you were unable to fully explain yourself due to you feeling intimidated?
Was the hearing conducted fairly?

https://www.gov.uk/social-security-child-support-tribunal/get-a-decision
https://healthunlocked.com/fibromyalgia-action-uk/posts/130083431/appealing-to-the-upper-tribunal-against-a-first-tier-tribunal-decision.-go-get-em-tiger

Generally the first level tribunal will refuse a set-aside request (they make the decision in the first instance) , but you can go on to ask the Upper Tribunal to consider a set-aside request and they will make the final decision as to whether the first level tribunal decision stands or can be set aside.

Remember the the request for a set aside has to be on legal grounds only. They will not reconsider the facts of the case and if the decision was correct.

constantworrier

Alice_Holt wrote: »

If the tribunal made an error in law, it is possible to ask the tribunal service that the decision be set aside and the appeal is re-heard.

The first stage in the process is to request "a statement of reasons". Details will be on your decision letter, but basically write to the TS requesting this and a copy of the judge's notes.

The next stage is to spot an error in law - this is more tricky. You may wish to try to get help from CAB / Law Centre with this. Things to look for:
Did the tribunal prefer one set of evidence to other another without fully explaining why?
Was there a breach of natural justice because you were unable to fully explain yourself due to you feeling intimidated?
Was the hearing conducted fairly?

https://www.gov.uk/social-security-child-support-tribunal/get-a-decision
https://healthunlocked.com/fibromyalgia-action-uk/posts/130083431/appealing-to-the-upper-tribunal-against-a-first-tier-tribunal-decision.-go-get-em-tiger

Generally the first level tribunal will refuse a set-aside request (they make the decision in the first instance) , but you can go on to ask the Upper Tribunal to consider a set-aside request and they will make the final decision as to whether the first level tribunal decision stands or can be set aside.

Remember the the request for a set aside has to be on legal grounds only. They will not reconsider the facts of the case and if the decision was correct.

Thank you Alice. I will do that tomorrow and see if I can find someone to help. x

Bananas123

i got a real grilling by my last tribunal, but afterwards they changed demeanor, started talking to me etc.

they have to put you under pressure, as their job is to find the inaccuracies in the claim.

> by appealing the descision, you are saying to them "ATOS / (sorry who it is now) didn't do their job properly and errored the case [for the reasons you tell them] >

then it is their job "find out" if your reasons were valid (by way of questioning you vastly / looking at relavant evidence).

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re: the letter > presumably (3days prior timeframe) was not submitted in time to be counted as evidence ?

OR was not (as your claim was months ago) relavant to your claim as it was then.

(i think they rule you on your health at the point of the esa50 or wca but not 100%)

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if the letters were "not recent enough", conversely it suggests, that the medical evidence was pertaining to either a health problem that is not chronic OR not relavant to the descriptors.

but would need specific info, obviously...

Ames

A tribunal is to decide whether the decision made was correct or not. This means that they can only look at your health then, not now. It's quite possible the the letter was too new, rather than too old, especially as it referenced a diagnosis made since the original decision.

constantworrier

I had sent all of my medical records from the last 5 years or more, so they had all of that evidence and the DRs letter was also explaining all of these ailments that I'd suffered from in the past. I didn't even mention the Fibromyalgia as I knew that wouldn't count as it was just diagnosed after my esa medical. They read the letter and just said it was no good as it was from 28th July but that shouldn't matter if the Dr is speaking about the same ailments I claimed esa for in the first place. I'm writing a letter I'm for a statement of reasons today, see what they say.

FBaby

But if all what your GP was stating was a repeat of what was stipulated in the medical records they had already gone through, maybe their dismissed it because it didn't provide any additional information?

Alice_Holt

The S of R should state why the tribunal panel did not accept your GP's letter as valid evidence and didn't consider its contents when coming to their decision. If the letter covered your conditon at the date of the DWP ESa decision (but was not considered by the panel), then this may constitute an error in law.