I am wondering if I appeal the decision made by the DWP in a mandatory reconsideration will Her Majesty's Courts and Tribunals Service automatically be supplied with the ESA50 and ESA85 forms in relation to the case, or will I need to make copies of these and send them together with the appeal letter?
Also, I am appealing for somebody else. I am not sure they will want to attend the hearing. Is it possible that they could be required to do so, or will requesting a hearing which considers only the documents in the case stop that happening?
The DWP's submission to an appeal, which they will produce when notified of the request, will include all of the documents used in the making of the Decision, as a minimum it will include the ESA50 and any evidence that was attached to it and the assessment report.
The claimant cannot be required to attend, however, the panel may request their presence. If this happens it may be to the advantage of the claimant to attend, but they must also consider what issues might be raised if they do.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
