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  • FIRST POST
    • gypsy janet
    • By gypsy janet 17th Apr 18, 3:55 PM
    • 3Posts
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    gypsy janet
    Tribunal appeal heard with out my knowledge or consent
    • #1
    • 17th Apr 18, 3:55 PM
    Tribunal appeal heard with out my knowledge or consent 17th Apr 18 at 3:55 PM
    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.
Page 1
    • poppy12345
    • By poppy12345 17th Apr 18, 4:03 PM
    • 2,545 Posts
    • 2,538 Thanks
    poppy12345
    • #2
    • 17th Apr 18, 4:03 PM
    • #2
    • 17th Apr 18, 4:03 PM
    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.
    Originally posted by gypsy janet
    Did you ask for a paper hearing? Or did you state you were appearing in person?
    • NeilCr
    • By NeilCr 17th Apr 18, 4:09 PM
    • 1,708 Posts
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    NeilCr
    • #3
    • 17th Apr 18, 4:09 PM
    • #3
    • 17th Apr 18, 4:09 PM
    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.
    • gypsy janet
    • By gypsy janet 17th Apr 18, 4:38 PM
    • 3 Posts
    • 0 Thanks
    gypsy janet
    • #4
    • 17th Apr 18, 4:38 PM
    • #4
    • 17th Apr 18, 4:38 PM
    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.
    • poppy12345
    • By poppy12345 17th Apr 18, 5:16 PM
    • 2,545 Posts
    • 2,538 Thanks
    poppy12345
    • #5
    • 17th Apr 18, 5:16 PM
    • #5
    • 17th Apr 18, 5:16 PM
    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.
    Originally posted by gypsy janet
    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.

    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?
    • Alice Holt
    • By Alice Holt 17th Apr 18, 5:42 PM
    • 2,020 Posts
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    Alice Holt
    • #6
    • 17th Apr 18, 5:42 PM
    • #6
    • 17th Apr 18, 5:42 PM
    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-tiger
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