× Members

Appeal hearing

More
10 years 1 month ago #132687 by Edi
Appeal hearing was created by Edi
So, I had my son's appeal hearing for the refusal of ESA income based, because of his supposed capital, which is all care income, which can only be used for his care. The judge/ solicitor was very antagonistic towards me from the start, and spent most of the hearing accusing me of having a moral obligation to tell social work that they hadn't audited my son's accounts. He kept asking me to confirm that I had a moral obligation to tell social work and I felt he really attacked me personally with such comments. He has adjourned the hearing to direct social work to audit the account . My question is, how do I go about complaining about this judge's personal attack on me? We are in Scotland.

Please Log in or Create an account to join the conversation.

More
10 years 1 month ago #132694 by Gordon
Replied by Gordon on topic Appeal hearing
Edi

The Judges questioning seems strange, the Tribunal is concerned with matters of fact not morality, if you want to make a complaint the see the following, last paragraph

Complaining to the Tribunal Service

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
10 years 1 month ago #132696 by Edi
Replied by Edi on topic Appeal hearing
Thanks will get on to this .

Please Log in or Create an account to join the conversation.

More
9 years 8 months ago #139380 by Edi
Replied by Edi on topic Appeal hearing
We have finally had the resumption of the appeal hearing today, and am pleased and delighted to say that it went in our favour! Direct Payments from local council for care services and from Independent Living Fund were deemed not to be my son's capital and so he was awarded income related ESA, which should be backdated for 20 months.

Please Log in or Create an account to join the conversation.

More
9 years 8 months ago - 9 years 8 months ago #139385 by Gordon
Replied by Gordon on topic Appeal hearing

Edi wrote: We have finally had the resumption of the appeal hearing today, and am pleased and delighted to say that it went in our favour! Direct Payments from local council for care services and from Independent Living Fund were deemed not to be my son's capital and so he was awarded income related ESA, which should be backdated for 20 months.


Congratulations, although I suspect there must be a degree of frustration that something that is cleary defined in the DWP guidance for ESA had to be appealed in the first place.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 8 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
9 years 8 months ago #139387 by slugsta
Replied by slugsta on topic Appeal hearing
That is great news Edi! Thanks for taking the time to come back and tell us :)

Did you make a complaint about the way you were treated in the 1st tribunal or did you decide to leave it alone?

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.