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So desperate and confused
- oopsydaisy
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10 years 11 months ago - 10 years 11 months ago #121698 by oopsydaisy
So desperate and confused was created by oopsydaisy
Hi everyone i am so desperate for some advice on my case (failed tribunal) but i keep getting told organizations cannot help me due to cutbacks etc. I have been told so many times that the citizens advice bureau is the option i have. I am on a time limit of 28 days to do what i need to do and i have been waiting over a week for an emergency appointment. The lady finally rang me today she did not really know why i needed help, she had given me the wrong information about applying for ESA and told me to apply for JSA as i had been refused at tribunal, i felt that she was in a hurry and just wanted to get me off of the phone asap? Without offering me an appointment. I did finally communicate across that i needed some advice on setting aside the decision she told me that there is no such thing as setting aside a decision? When i tried to tell her i knew for a fact that there is such a procedure (Written on the back of my decision letter) she said i will get someone to phone u back, the supervisor then rang me and argued the same refusing to give me an appointment and saying i need to apply for a SOR (which i have already done). When i have this letter i should ring back to arrange an appointment, i told her the letter will be here by monday (as the tribunal service told me, today, it has been sent out already). She still would not arrange an appointment for me. I feel so deflated and weak being on the phone everyday trying to get help, i could just break down and cry, its not fair that sick and disabled ppl have to go thru this. Everywhere i turn i cannot get any advice on setting aside.
I could not get any representation for my hearing and i suspect that this did not help me. I truly believe that i have enough medical evidence and reasons to have been awarded enough points to qualify and my doctor has supported me with medical certificates for a year and 3 mnths and is willing to carry on through the nxt stages of re-applying for ESA. iI cannot understand what happened and how they came to theyre decision? With medical evidence from pain management, orthapeadic surgeons, and doctors ect.??? I have read that if you believe a decision to be perverse or ie a document relating to your
appeal was not considered by the Tribunal or some other procedural irregularity or you or
your representative was not present. You may apply for the hearing to be aside? (cancelled)? I would appreciate any advice you can give as i am truly confused, my money has now been stopped and i have reclaimed ESA as my medical problems have worsened. Thankyou so much for your help.
I could not get any representation for my hearing and i suspect that this did not help me. I truly believe that i have enough medical evidence and reasons to have been awarded enough points to qualify and my doctor has supported me with medical certificates for a year and 3 mnths and is willing to carry on through the nxt stages of re-applying for ESA. iI cannot understand what happened and how they came to theyre decision? With medical evidence from pain management, orthapeadic surgeons, and doctors ect.??? I have read that if you believe a decision to be perverse or ie a document relating to your
appeal was not considered by the Tribunal or some other procedural irregularity or you or
your representative was not present. You may apply for the hearing to be aside? (cancelled)? I would appreciate any advice you can give as i am truly confused, my money has now been stopped and i have reclaimed ESA as my medical problems have worsened. Thankyou so much for your help.
Last edit: 10 years 11 months ago by Gordon.
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10 years 11 months ago #121699 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic So desperate and confused
oopsydaisy
The most important thing to do is to request a written Statement of Reasons and Record of Proceedings from the Judge who heard your hearing. Once this is done there is nothing more that you can do until you actually receive the documents, this could take 2-3 months.
Appeals to the Upper Tribunal are covered by Legal Aid, however there is a Catch 22 in as much as you need to have the appeal accepted in order to qualify and it is often the formulation of the request that most claimants struggle with. As an alternative to the CAB do an internet search for "welfare advice" with your postcode, town and county, there are lots of organisations that can provide help once you have access to the S0R.
It is important that you understand that you cannot appeal the Tribunal Decision simply because you disagree with it, there has to have been an Error of Law in the proceedings, certainly a perverse Decision or an important document not being considered could meet this requirement, but it is unusual for a Tribunal to make these types of mistake and it is not easy to show that they have.
What is an Error of Law?
As you have made a new claim for ESA, you should go back onto the ESA Assessment rate in the next couple of weeks, you need to start preparing for the ESA50 that you will need to complete as part of this claim, so you should start having a look at our ESA CLaim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
The most important thing to do is to request a written Statement of Reasons and Record of Proceedings from the Judge who heard your hearing. Once this is done there is nothing more that you can do until you actually receive the documents, this could take 2-3 months.
Appeals to the Upper Tribunal are covered by Legal Aid, however there is a Catch 22 in as much as you need to have the appeal accepted in order to qualify and it is often the formulation of the request that most claimants struggle with. As an alternative to the CAB do an internet search for "welfare advice" with your postcode, town and county, there are lots of organisations that can provide help once you have access to the S0R.
It is important that you understand that you cannot appeal the Tribunal Decision simply because you disagree with it, there has to have been an Error of Law in the proceedings, certainly a perverse Decision or an important document not being considered could meet this requirement, but it is unusual for a Tribunal to make these types of mistake and it is not easy to show that they have.
What is an Error of Law?
As you have made a new claim for ESA, you should go back onto the ESA Assessment rate in the next couple of weeks, you need to start preparing for the ESA50 that you will need to complete as part of this claim, so you should start having a look at our ESA CLaim guides.
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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