Tribunal appeal heard with out my knowledge or consent
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gypsy_janet
Posts: 5 Forumite
I had a WCA assessment for ESA last November after being on the support element of ESA for 3 years. Did all the the mandatory reconsideration crap then sent the paperwork to the Tribunal service centre. With out my knowledge or consent my Tribunal appeal was heard in my absence at a magistrates court miles away from me. It has refused my appeal and Im furious.
Has any one else had this experience and can they give me any advice on what to do .
Im waiting to hear from CAB but they dont seem sure about upper tribunal hearings as its about points of law.
Has any one else had this experience and can they give me any advice on what to do .
Im waiting to hear from CAB but they dont seem sure about upper tribunal hearings as its about points of law.
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Did you ask for a paper hearing? Or did you state you were appearing in person?gypsy_janet wrote: »I had a WCA assessment for ESA last November after being on the support element of ESA for 3 years. Did all the the mandatory reconsideration crap then sent the paperwork to the Tribunal service centre. With out my knowledge or consent my Tribunal appeal was heard in my absence at a magistrates court miles away from me. It has refused my appeal and Im furious.
Has any one else had this experience and can they give me any advice on what to do .
Im waiting to hear from CAB but they dont seem sure about upper tribunal hearings as its about points of law.0 -
Procedure of going to upper Tribunal here
http://dls.org.uk/wp-content/uploads/2016/12/Appealing-ESA-decisions-large-print.pdf
Pages 16/17 particularly relevant.
If you had no notification at all of the hearing (taking account of Poppy's comments above) then you may have a case. You need advice, though.0 -
I had no notification at all and I specified that I would produce further evidence at the hearing and the CAB were waiting for me to give them a date.
I cant find any one or anything about any one having a similar thing happen.
CAB are letting me know when they have someone in place that can deal with upper tribunal issues.0 -
Does this mean you stated clearly on the form that you would be attending the hearing? You didn't answer my questions in post #2.gypsy_janet wrote: »I had no notification at all and I specified that I would produce further evidence at the hearing and the CAB were waiting for me to give them a date.
I cant find any one or anything about any one having a similar thing happen.
CAB are letting me know when they have someone in place that can deal with upper tribunal issues.
If you did state that you would be appearing in person then taking evidence with you on the day wouldn't have been a great idea. They do recommend you send it to arrive at least 7 days before the hearing. Did you move house and forget to tell them your change of address?0 -
If you stated on the SSCS1 form that you would be attending the hearing, then you should appeal to the UT on a breach of natural justice. As you weren't given the chance to give your oral evidence.
Did you tick the box to say that you would be attending the hearing?
First step is to request the Statement of Reasons.
More info here:
https://healthunlocked.com/fibromyalgia-action-uk/posts/130083431/appealing-to-the-upper-tribunal-against-a-first-tier-tribunal-decision.-go-get-em-tigerAlice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0
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