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Appeal Adjourned due to DWP not submitting enough evidence

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4 months 2 weeks ago #291196 by CAP
I've just come back from an appeal hearing in Liverpool which that alone was a nightmare getting there, but that was the least of my problems. I got into the hearing and straight away the judge said that she would not be able to make a fair decision today being as there are a lot of things that the DWP have not submitted despite them making reference to them within their bundle.
So the hearing has had to be adjourned for a future date. The Judge has asked me if I can submit the missing documents when as far as i'm concerned I have submitted everything that I felt was relevant for my side of the appeal so why should I have to submit something that the DWP have failed to submit for it then to be tried to be used against me?If the DWP wanted to rely upon these documents then they should have submitted them. I also do not understand why I had to travel all of the way there to be told this when they were evidently aware that there were some documents missing from the DWP. Surely if the DWP have not submittted by the deadline which we both had to adhere to then these should not be being requested now as this is down to the DWP's incompetence and one of the main things that the DWP have based their decision on is a CCTV footage report of me relevant to a personal accident claim which they have not even seen, they have purely taken it at face value which is totally wrong and the judge said that she doesn't want to see the footage.
I am just totally baffled with what has actually happened today as I got all worked up and relied on a friend driving me there ,which I know I can claim back some of the costs for fuel, but if the hearing was never going to take place today anyway then why did I have to attend?
I'm just totally confused with everything now as I did want to say to the judge that this is down to the DWP's incompetence so surely I should be reinstated my benefit being as the DWP's evidence cannot be relied upon due to it not being complete.
Any thoughts on this would be appreciated as this has now been going on for 2 years and is clearly going to drag on for another considerable amount of time when I thought that today it would get sorted one way or another ,infact I would rather have been told sorry we agree with the DWP and are not going to reinstate your benefit instead of being told that we need more information from the DWP ,but want me to provide it.
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4 months 2 weeks ago #291210 by Gordon
CAP

I can understand your frustration but the Judge has explained their reasons for the adjournment.

You and the DWP are equal participants in the tribunal, it is a matter of law that the hearing must be fair, if the panel does not wait for the DWP to provide the information then it opens an opportunity for the DWP to dispute the Tribunal's Decision and take it to the Upper Tier, delaying any result you might be hoping for even further.

The request to you to provide the information is simply an attempt by the Judge to expedite a new hearing as you are likely to respond with the information more quickly than the DWP.

As this was an adjournment it should be listed as soon as possible once the information is available.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Wendy Woo, Charlie

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