DWP fail to provide evidence for Tribunal

Hi Valerie,
I feel your frustration!
The Tribunal Procedure (First-Tier Tribunal) (Social Entitlement Chamber) Rules 2008
Require that DWP provide the evidence, normally the appeal bundle within 28days. Thus is rule 24(4)b. Late evidence could be excluded although this rarely occurs in practice.
Under rule 2 there is an overriding objective of fairness. This applies to both parties, which is why seldom is evidence struck out. However there is also a duty on each party to cooperate with the tribunal. On that basis you are required to submit the relevant paperwork as much as you can.
The relevance of the paperwork may be more significant depending what type of appeal you are doing?
Is this an Overpayment, a new claim or a renewal. If a new claim, claimant needs to show limited capability for work or work related activity. Overpayment, DWP has to prove. Renewal claim is likely to be a suoersession, ie where DWP change benefit after a change of circumstances. (This could be DWP just saying its a change! But if they allege then DWP have to prove an actual change of circumstances not just a new assessment report!)
If DWP doesn't produce sufficient evidence to prove the case then you should win! But you still need to cooperate with the tribunal.
There is no set format for a letter, but clearly mark your name, NI number, appeal reference and you could include ESA Appeal. Name and NI needs to be on all pages perhaps as a footnote.
I don't think that since the evidence actually comes from you that the case can simply bd found in your favour without a hearing but try something like this...edit per square brackets
Dear Sirs,
On [several occasions] DWP have failed to produce [X]
I have made a formal complaint to ICE which was upheld.
DWP have failed to produce the paperwork required per rule 24(4)b. This has caused considerable delay. [ list]
[you may wish to explain more here, this is a supersession version, but you could amend it to work with a new claim]
eg
This paperwork is fundamental for my case. DWP assert that I no longer qualify as having LCWRA and have removed my ESA. I have long term disabilities X which preclude me from being able to work because...
The attitude of DWP throughout this matter has been very negative. The reluctance of DWP to produce the correct paperwork, as required by law confirms this ongoing negativity.
[Assuming you want the documents in, otherwise just request the case goes ahead without, saying DWP has had plenty of time to produce and if they don't the case just proceeds.]

Since I have retained a copy of the documents, I forwarded these, as I have a duty to cooperate with the tribunal.

I would be grateful that the case is now listed as a matter of urgency, and that DWP'S non compliance is noted. It is in the interest of fairness and in accordance with the overriding objective thst the case proceeds without further delay.

I hope this works
LL26

Hi Valerie,
DWP needs to prove on balance of probabilities. Is this a failure to disclose or misrepresentation? If you give me some more info I may be able to help further. Bear with me though, I'm on a boat, so I can only respond when we're not sailing.
Overpayments usually have to be repaid unless you can show official error. This could be that you notified them and they failed to act.
There are various scenarios I will quickly go through
1. You notified at the beginning/when a change took place and DWP ignored. Should be all official error nothing is recoverable.
2 You notified at a later stage. Initial money is recoverable and nothing after the subsequent notification that DWP ignored.
3. No notification at all, obviously all money is recoverable
4. DWP found out part way through the overpayment period. This could be a cross match with HMRC or notification from a 3rd party. Initial payments will be recoverable. Anything after DWP gained knowledge will break causation chain and won't be recoverable. The case is GJ v SSWP. Will send reference later. As long as someone at DWP knows it will break the chain. DWP have a duty to check EVERY payment is lawful.
Also consider that DWP may not have calculated correctly. Check all the payments.
Are there any offsets, eg where you should have been paid other benefits or maybe SDP etc and none was paid. This will reduce overpayments/ recoverable amounts.
There are issues of proof concerning whether its fail disclose or misrepresentation as legally these concern different possibilities.
Send me a briefly explanation of the problem and I'll see what I can do to help
You may also wish to make a Subjevt Access Request. Ask for all the ESA papers, all print outs, claim forms, contact sheets, and any other ESA documents held on system. I'm sure that you will find useful nuggets of info
I hope this helps.
LL26