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Tribunal's Original decision cancelled
- catelilac
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11 years 9 months ago - 11 years 9 months ago #110087 by catelilac
Tribunal's Original decision cancelled was created by catelilac
I failed the transfer from incapacity to ESA and had to have a tribunal.
I was awarded ESA but put in WRAG group and I am too ill to work. (M.E. chronic fatigue/chronic pain syndrome/anxiety/depression.
I requested permission to appeal to Upper tribunal on error of law, but received letter saying not necessary and I have to have a new tribunal. Back to square one but happy to have got this far.
CIB abandoned me saying nothing theyn could do and I had to do it myself.
Is this good?
I thought Upper tribunal might have looked at it better.
My year on ESA is almost spent now waiting for tribunal hearing etc.
Too ill for ESA interview this month but they accepted my doctors line.
I get so distraught now I just cry and can't answer any questions.
What am I up against now?
I was awarded ESA but put in WRAG group and I am too ill to work. (M.E. chronic fatigue/chronic pain syndrome/anxiety/depression.
I requested permission to appeal to Upper tribunal on error of law, but received letter saying not necessary and I have to have a new tribunal. Back to square one but happy to have got this far.
CIB abandoned me saying nothing theyn could do and I had to do it myself.
Is this good?
I thought Upper tribunal might have looked at it better.
My year on ESA is almost spent now waiting for tribunal hearing etc.
Too ill for ESA interview this month but they accepted my doctors line.
I get so distraught now I just cry and can't answer any questions.
What am I up against now?
Last edit: 11 years 9 months ago by . Reason: Tick.
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- Gordon
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11 years 9 months ago #110093 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal's Original decision cancelled
catelilac
The vast majority of Upper Tribunal Decisions that are in the favour of the claimant, result in a re-hearing of the original case, as the Judge is not looking at the evidence but the proceedings.
In your case, it sounds as if you have had a Set Aside, this usually happens when it is very obvious that there has been an Error.
You should have a Statement of Reasons from this new Decision that explains how and why it was made. You should review this to see whether their reasons are advantageous to your case.
A new Lower Tribunal hearing will be convened with a new panel, there will be a direction that explains the problem with the original hearing to prevent them making the same mistake, they will evaluate your evidence from scratch, there should be an opportunity for you to submit further relevant evidence or submissions .
Without knowing the reason for the Set Aside it is not possible to offer further advice.
Gordon
The vast majority of Upper Tribunal Decisions that are in the favour of the claimant, result in a re-hearing of the original case, as the Judge is not looking at the evidence but the proceedings.
In your case, it sounds as if you have had a Set Aside, this usually happens when it is very obvious that there has been an Error.
You should have a Statement of Reasons from this new Decision that explains how and why it was made. You should review this to see whether their reasons are advantageous to your case.
A new Lower Tribunal hearing will be convened with a new panel, there will be a direction that explains the problem with the original hearing to prevent them making the same mistake, they will evaluate your evidence from scratch, there should be an opportunity for you to submit further relevant evidence or submissions .
Without knowing the reason for the Set Aside it is not possible to offer further advice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: catelilac
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- catelilac
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11 years 5 months ago - 11 years 5 months ago #115012 by catelilac
Replied by catelilac on topic Tribunal's Original decision cancelled
That you for your earlier advice.
I proceeded with the second tribunal and before it even started they told me that if I felt I was worse that I should apply to the Benefits department to be re-assessed.
The second tribunal found be not fit for work but placed me in the WRAG group once again.
I felt I was intimidated and coerced into agreeing with them that I can answer a phone if they phoned me. They also told me that as I was fit enough to come along to a tribunal that I might be able to go along to the DSS.
I went to the tribunal to defend myself and increase my chances with my appeal. Why should I be penalised for that?
They agreed I have a number of conditions, including myalgic encephalomyelitis (ME), a hiatus hernia, hypertension, anxiety and depression, a visual problem as a result of which I am sensitive to lights and changes in season, a hearing problem and bowel & bladder problems. Of these they considered the main disabling ones are M.E. and depression. I am on various medications but they noted I was not on medication prescribed for anxiety & depression.
During the tribunal we did not discuss medication. If they had I might have tried to explain that due to the medication I was on that it had to be one or the other. 17 years of trying both and all to no avail. The last year and a half has put my blood pressure up from one tablet to three and now its up again.
The pain clinic have me on a new drug which helps my brain but not my pain. I don't sleep nights.
The big problem is my doctors practice who have said that if the tribunals write direct to them that they will answer but more or less stress to me that they do not have time for such things.
Should I appeal once again saying I felt I was coerced and bullied during the tribunal
or should I ask the DSS for a new assessment.
Hope you can help me
I proceeded with the second tribunal and before it even started they told me that if I felt I was worse that I should apply to the Benefits department to be re-assessed.
The second tribunal found be not fit for work but placed me in the WRAG group once again.
I felt I was intimidated and coerced into agreeing with them that I can answer a phone if they phoned me. They also told me that as I was fit enough to come along to a tribunal that I might be able to go along to the DSS.
I went to the tribunal to defend myself and increase my chances with my appeal. Why should I be penalised for that?
They agreed I have a number of conditions, including myalgic encephalomyelitis (ME), a hiatus hernia, hypertension, anxiety and depression, a visual problem as a result of which I am sensitive to lights and changes in season, a hearing problem and bowel & bladder problems. Of these they considered the main disabling ones are M.E. and depression. I am on various medications but they noted I was not on medication prescribed for anxiety & depression.
During the tribunal we did not discuss medication. If they had I might have tried to explain that due to the medication I was on that it had to be one or the other. 17 years of trying both and all to no avail. The last year and a half has put my blood pressure up from one tablet to three and now its up again.
The pain clinic have me on a new drug which helps my brain but not my pain. I don't sleep nights.
The big problem is my doctors practice who have said that if the tribunals write direct to them that they will answer but more or less stress to me that they do not have time for such things.
Should I appeal once again saying I felt I was coerced and bullied during the tribunal
or should I ask the DSS for a new assessment.
Hope you can help me
Last edit: 11 years 5 months ago by Gordon.
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11 years 5 months ago #115018 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal's Original decision cancelled
catelilac
I am sorry to hear that you did not get the result that you hoped for.
You can appeal to the Upper Tribunal is you can show that there was an Error of Law in the proceedings.
What is an Error of Law?
The first stage of this is to request a written Statement of Reasons
Tribunals – Requesting a Statement of Reasons
I cannot comment on whether there has been an Error, ideally you need to get face to face advice.
Where to get advice?
The following explains the process in more detail
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you can show that your condition has worsened since the Decision that you appealed then you can request a re-assessment this will result in a new ESA50 being issued and a face to face assessment. You need to contact the DWP office that normally deals with your claim to start this process.
Please be aware that the ESA Descriptors and Regulations were updated in January 2013, so you should use the latest guides.
It is possible to appeal and be re-assessed at the same time, although the latter will limit any award made by the Tribunal.
Gordon
I am sorry to hear that you did not get the result that you hoped for.
You can appeal to the Upper Tribunal is you can show that there was an Error of Law in the proceedings.
What is an Error of Law?
The first stage of this is to request a written Statement of Reasons
Tribunals – Requesting a Statement of Reasons
I cannot comment on whether there has been an Error, ideally you need to get face to face advice.
Where to get advice?
The following explains the process in more detail
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you can show that your condition has worsened since the Decision that you appealed then you can request a re-assessment this will result in a new ESA50 being issued and a face to face assessment. You need to contact the DWP office that normally deals with your claim to start this process.
Please be aware that the ESA Descriptors and Regulations were updated in January 2013, so you should use the latest guides.
It is possible to appeal and be re-assessed at the same time, although the latter will limit any award made by the Tribunal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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