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Tribunal Lost Appeal Decision Papers
- Lesley Lawton
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11 years 8 months ago - 11 years 8 months ago #111412 by Lesley Lawton
Tribunal Lost Appeal Decision Papers was created by Lesley Lawton
The DWP phoned me today to let me know that because they are unable to obtain the Statement of Reasons from the Tribunal I attended in July (which found in my favour to transfer me to the Support Group) they will stop my ESA early November. Apparently, the Tribunal cannot find my notes and the DWP have requested that the decision be "put aside". This means another medical and another Tribunal. I have remonstrated with both the DWP and the Tribunal that this situation is totally out of my control and I should not be expected to jump through hoops all over again. Both parties have taken a step back and will not do any more to rectify this problem. Where do I go from here?
Last edit: 11 years 8 months ago by Gordon.
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11 years 8 months ago - 11 years 8 months ago #111421 by Gordon
I suspect that there is little you can do. Justice must not just be done, but must be seen to be done. If you reverse the positions and you wanted to appeal the Decision, then you would be entitled to request a Set Aside if the Statement of Reasons was not available.
Things you can do; make a complain to the Tribunal Service, contact your MP, and get advice from an advisor with experience with appeals to the Lower and Upper Tribunals.
Complaining to the Tribunal Service
Contacting your MP
Where to get advice?
I am afraid if your ESA is being time limited in October there is nothing in the legislation which will prevent this happening as a result of your Tribunal situation, the two are separate.
Have you checked to see whether you are eligible for Income Related ESA, this will be dependant on your household income, assets and savings, and any hours that a partner works?
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are, then payments will continue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Lost Appeal Decision Papers
Lesley Lawton wrote: The DWP phoned me today to let me know that because they are unable to obtain the Statement of Reasons from the Tribunal I attended in July (which found in my favour to transfer me to the Support Group) they will stop my ESA early November. Apparently, the Tribunal cannot find my notes and the DWP have requested that the decision be "put aside". This means another medical and another Tribunal. I have remonstrated with both the DWP and the Tribunal that this situation is totally out of my control and I should not be expected to jump through hoops all over again. Both parties have taken a step back and will not do any more to rectify this problem. Where do I go from here?
I suspect that there is little you can do. Justice must not just be done, but must be seen to be done. If you reverse the positions and you wanted to appeal the Decision, then you would be entitled to request a Set Aside if the Statement of Reasons was not available.
Things you can do; make a complain to the Tribunal Service, contact your MP, and get advice from an advisor with experience with appeals to the Lower and Upper Tribunals.
Complaining to the Tribunal Service
Contacting your MP
Where to get advice?
I am afraid if your ESA is being time limited in October there is nothing in the legislation which will prevent this happening as a result of your Tribunal situation, the two are separate.
Have you checked to see whether you are eligible for Income Related ESA, this will be dependant on your household income, assets and savings, and any hours that a partner works?
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you are, then payments will continue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 8 months ago by Gordon.
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11 years 8 months ago - 11 years 8 months ago #111559 by Bearer
Replied by Bearer on topic Tribunal Lost Appeal Decision Papers
If it is only the Tribunal's Statement of Reasons for granting the appeal for placement in Support Group that is mislaid, and the DWP/ATOS have all their own papers, please could you explain why another ESA application and face-to-face process is needed, rather than "just" another appeal?
Last edit: 11 years 8 months ago by bro58.
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- bro58
11 years 8 months ago - 11 years 8 months ago #111565 by bro58
Hi B,
As Gordon states :
In other words, if the DWP do not agree with The SG decision made by the Tribunal, they have a legal right, (just the same as if the appellant did not agree with a Tribunal decision) to request a Written Statement of Reasons for the decision, to investigate whether the Tribunal have erred in law in coming to the decision.
It is necessary to scrutinise the SofR for errors in law to see whether there are grounds for an appeal to The UT. Again, this applies to the appellant and the DWP.
If the SofR is unavailable, then as with an appellant, it would be perfectly reasonable for The DWP to request that the decision is "set aside".
Put simply, the same rules of justice must apply equally to both the appellant and the DWP.
bro58
Replied by bro58 on topic Tribunal Lost Appeal Decision Papers
Bearer wrote: If it is only the Tribunal's Statement of Reasons for granting the appeal for placement in Support Group that is mislaid, and the DWP/ATOS have all their own papers, please could you explain why another ESA application and face-to-face process is needed, rather than "just" another appeal?
Hi B,
As Gordon states :
"Justice must not just be done, but must be seen to be done."
In other words, if the DWP do not agree with The SG decision made by the Tribunal, they have a legal right, (just the same as if the appellant did not agree with a Tribunal decision) to request a Written Statement of Reasons for the decision, to investigate whether the Tribunal have erred in law in coming to the decision.
It is necessary to scrutinise the SofR for errors in law to see whether there are grounds for an appeal to The UT. Again, this applies to the appellant and the DWP.
If the SofR is unavailable, then as with an appellant, it would be perfectly reasonable for The DWP to request that the decision is "set aside".
Put simply, the same rules of justice must apply equally to both the appellant and the DWP.
bro58
Last edit: 11 years 8 months ago by bro58.
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