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PIP Mandatory Reconsideration APPEAL IGNORED

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7 years 5 months ago #171511 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
ok thanks Gordon, yes I will start tackling the ESA50 bit by bit but I'm hoping i can get an extention on the deadline as i did with the PIP form? at least ive been counting on that fact so i hope so. I've also contacted every possible welfare advice service in the area for help in completing it - so far one response that can't help.
I just wanted to come back to you as just called the tribunal service for an update on my hearing as they had my original paper hearing on 06/09 and said would take up to 6 wks for the oral hearing date - which i since appealed asking for a phone/skype input. They just told me that my paper hearing is going ahead in the next week and I will have a result around the wk after next. I was a bit shocked as i was waiting to hear about whether i was having my input remotely, and i said this to the call handler who blankly just said why do you want to attend an oral hearing? i said no..he said ok then thats when your paper hearing is. I said but they already had a paper hearing and couldnt reach a decision? Im worried now they have wasted 6 weeks and are just going to go ahead against me with whatever they needed apparant 'clarification on'. I wasnt attending in person due to the stress and my social anxieties but now im panicked im going to loose out if i dont then i wont get any say in the result? Or is there another tier of appeal if that goes against me where i can then appear in person if it comes to it?
needless to say im going to be informed the very week i planned to go home..i can never get away for help when i need to. :(

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7 years 5 months ago #171529 by Gordon
cazzyclay

I am afraid there is no extension available for completing the ESA50, even if you are told you can have one you should ignore it and return it as previously required, the only exception would be if you received confirmation in writing.

As to the Tribunal I would write to the TS confirming that you are only going ahead with a Paper hearing because you cannot, due to your conditions, attend on the day, but would be willing to be available either via a phone or video link if the TS is able to arrange this.

This may seem unnecessary but having this on record may give you an opportunity to a further appeal if the Decision is not what you hoped for. You cannot appeal further because you disagree with the Decision.

Gordon

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

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7 years 5 months ago #171602 by cazzyclay
Replied by cazzyclay on topic PIP Mandatory Reconsideration APPEAL IGNORED
oh no i did not realise there would be no extensions for the esa50, as for the tribunal that is what i did originally - i put it in writing for a MR stating those exact reasons and i know they received it as they read it back to me over the phone at some point in my phone calls - so do i still need to double up seeing as they have decided to overrule this request/not reply to it before going ahead?

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7 years 5 months ago #171669 by Gordon

cazzyclay wrote: oh no i did not realise there would be no extensions for the esa50, as for the tribunal that is what i did originally - i put it in writing for a MR stating those exact reasons and i know they received it as they read it back to me over the phone at some point in my phone calls - so do i still need to double up seeing as they have decided to overrule this request/not reply to it before going ahead?


I would still write a second letter if you are able to.

Gordon

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

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