appeal read when postponed

Hi

Can any one give some answers or advise on this. I have spinal osteoarthritis spinal stenosis spondylitus and was awarded no points at my medical and I appealed the decision and asked for the appeal not be in February as I had hospital procedures. I was told this would be done in the meantime I got advise from my cab lo and behold I get a hearing date for the 21 feb!

I told my cab advisor who had written to the tribunal services supporting my appeal and I was told they had not received the letters or the letter I had sent asking for the postponement. I was told they had it on record that I had rang and asked for it not to be heard in Feb. I gave them permission to speak to my advisor and he faxed the letters he had already posted. I rang again the next day to find out what was happening about the hearing and I was told they had received the letters, but they had not been added to the system yet this was Friday my appeal was Monday!

Someone finally rang me back and told me that the appeal had been postponed. I asked if there was anything I should do and was told no I would receive a new appeal date the day after the hearing. I received a letter I should attend the hearing and ask for it to be postponed. and then this morning I receive a letter saying that the hearing was heard in my absence before the doctor who carried out my assessment. I understood it was before someone not attached to the case and the appeal was disallowed once again.

I phoned the tribunal service and again told that it was definitely postponed now waiting for someone to call me. I don't know if the letter my advisor had sent was seen at the hearing or any evidence I had sent. It seems like you have no chance of changing the decision so no wonder people give up. Why was the doctor at the hearing as that is enough to put anyone off going to the appeal. Has anyone else encountered these problems?

I would be thankful for any advice?

Sorry, it has not been possible to publish your post.

Please see FAQs.

I have been reading the PDF files and it sounds like typical MO - method of operating. I am just beginning the process of applying for ESA and it all comes across as daunting and discouraging. Pause for a moment. Breathe deeply, then throw yourself back in...

I know these are just words but i hope you will not give up.
cmarie510

littlejo wrote:

Hi

Can any one give some answers or advise on this. I have spinal osteoarthritis spinal stenosis spondylitus and was awarded no points at my medical and I appealed the decision and asked for the appeal not be in February as I had hospital procedures. I was told this would be done in the meantime I got advise from my cab lo and behold I get a hearing date for the 21 feb!

I told my cab advisor who had written to the tribunal services supporting my appeal and I was told they had not received the letters or the letter I had sent asking for the postponement. I was told they had it on record that I had rang and asked for it not to be heard in Feb. I gave them permission to speak to my advisor and he faxed the letters he had already posted. I rang again the next day to find out what was happening about the hearing and I was told they had received the letters, but they had not been added to the system yet this was Friday my appeal was Monday!

Someone finally rang me back and told me that the appeal had been postponed. I asked if there was anything I should do and was told no I would receive a new appeal date the day after the hearing. I received a letter I should attend the hearing and ask for it to be postponed. and then this morning I receive a letter saying that the hearing was heard in my absence before the doctor who carried out my assessment. I understood it was before someone not attached to the case and the appeal was disallowed once again.

I phoned the tribunal service and again told that it was definitely postponed now waiting for someone to call me. I don't know if the letter my advisor had sent was seen at the hearing or any evidence I had sent. It seems like you have no chance of changing the decision so no wonder people give up. Why was the doctor at the hearing as that is enough to put anyone off going to the appeal. Has anyone else encountered these problems?

I would be thankful for any advice?

As correspondence was sent and received by the Tribunals Service and the hearing went ahead in your absence despite the receipt of the correspondence, you can apply to a judge/district judge to have the decision set aside and have the appeal re-listed and heard again.

Before a decision can be set aside there must be an application in writing by one of the parties, ie either you or your advisor. The grounds on which a decision may be set aside are contained in DA Reg 57, and a decision may be set aside where it appears just to do so on the ground that:-

(i) a document relating to the proceedings was not sent to, or was not received at the appropriate time by, a party or the representative of a party or by the tribunal;

or

(ii) a party or a representative was not present at the hearing.

Ground (ii) may apply in your particular case. The application to set aside the decision must be made within one month of either the summary decision notice or the full statement of reasons (whichever is the later) being given or sent to the appellant, although this period can be extended in the very limited circumstances, and it must state the grounds of the application.