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can esa tribunal be rescheduled?

  • rahul88
  • Topic Author
13 years 1 month ago #45059 by rahul88
can esa tribunal be rescheduled? was created by rahul88
Got a letter through today for tribunal date, and its at the same day/time as a hospital appointment (for a ultrasound scan following an operation to check how injury is healing etc). Will they allow us to reschedule the tribunal? Don't really want to delay the ultrasound in case things aren't healing as they should be, as it will take ages for another appointment. Thanks

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13 years 1 month ago #45096 by Steve Donnison
Replied by Steve Donnison on topic Re:can esa tribunal be rescheduled?
Hi,

Contact the clerk to the tribunal immediately and explain why you want a postponement. For future reference, every time you get a hospital appointment or similar contact the tribunal service and let them know so that they don't list a hearing on that date.

Good luck,

Steve

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

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  • rahul88
  • Topic Author
13 years 1 month ago #47829 by rahul88
Replied by rahul88 on topic Re:can esa tribunal be rescheduled?
{posting on behalf of my boyfriend)

unfortunately they have said that the tribunal now has to go ahead on this date :( will now have to face an angry consultant at the hospital!

couple of questions:

I have been told that the tribunal will only consider evidence from up to the time of the medical. In this case we were only just starting to see consultants etc and nothing was diagnosed, so no evidence. Things have been diagnosed now and treatment (2 ops so far) has started. Presumably none of this matters/counts? I have managed to get a supporting letter from the GP outling current condition/problems, should I bother to submit this?

Do I need to inform anyone who is attending the tribunal? I will attend with the boyfriend if necessary for moral support etc.

He is currently in a wheelchair following an operation, do I need to inform anyone? (I am presuming the building is accessible!)

If we fail the tribunal can we reapply for ESA (and so can have an up to date application with proper diagnoses (sp?) etc) and is there a wait before we can reapply?

Thanks

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13 years 1 month ago #47854 by Gordon
Replied by Gordon on topic Re:can esa tribunal be rescheduled?
rahul88 wrote:

I have been told that the tribunal will only consider evidence from up to the time of the medical.

Strictly speaking, yes, and certainly in the context of any deterioration or new symptoms that your boyfriend has suffered, however, it should be "reasonable" to argue that a diagnosis and treatment plan is evidence that the Tribunal should accept in order to make a determination, whether they do or not is up to them.

Do I need to inform anyone who is attending the tribunal?

If you are attending as a companion, no I don't believe so, however, if you will also acting as a witness, then you probably should.

He is currently in a wheelchair following an operation, do I need to inform anyone?

I would, just in case, the building should be, but if they don't know they may book a room that isn't.

If we fail the tribunal can we reapply for ESA

You can re-apply, six months after the original decison, not the Tribunal one, however, if your boyfriend can demonstrate a deterioration in his condition, or a new condition that would affect his ability to work you can apply immediately, on these grounds, even though your Tribunal has not been heard.

If you have any other questions, please come back to the forum.

Gordon

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