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ESA mandatory reconsideration decision

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6 years 4 months ago #202954 by InfoSeeker251
Replied by InfoSeeker251 on topic ESA mandatory reconsideration decision
Thanks, Carol: no I wasn't in a good way at the WCA from that point of view and I did point this out in my mandatory request reconsideration letter. However the DWP don't appear to care for such trivialities. They were even so idiotic in their reply as to say that:
"a health condition is not the same as a functional limitation", which of course is about as stupid and meaningless as you can get but I suppose that is the point.

However I do have two questions about the tribunal process, if anyone can answer these?

Firstly, do you have to attend the tribunal in person, if you have a condition where social phobia and agoraphobia are factors that would prohibit you from doing so?

Secondly, if you have information as part of your health condition which you regard as highly sensitive and difficult were it to get out, is it possible to write to the tribunal to make sure these are not explicitly mentioned as part of any public discussion? (Much in the same way that the courts often have powers to suppress information if they believe it could harm someone in difficult circumstances?)

(There is also information in the HPC report which is clearly sensitive but the HPC forgot or didn't bother to mark as such. )

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6 years 4 months ago #202967 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration decision
InfoSeeker

You can opt for an Oral hearing that you attend or a Paper one that you do not. there's a section on the SSCS1 for you to decide. Statistically a hearing you attend is more likely to be successful but if you have conditions that limit your ability to go out or to be with people then it will count against you if you attend and certainly if you attend alone.

I'm afraid your options in regard to sensitive data are limited, all of the parties the Tribunal Service and the DWP are bound by the Data Protection Act, so there is no reason for the information to become "public", however, their is a duty as part of the Tribunal process for all parties to have access to all of the information on which your case is based.

The TS may be able to mark the information as sensitive but I think they will have to send a copy of it to the DWP.

Gordon

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

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6 years 4 months ago #202999 by InfoSeeker251
Replied by InfoSeeker251 on topic ESA mandatory reconsideration decision
Thanks Gordon, that is really helpful to know, especially the thing about being able to opt for it to happen on paper rather than in person.

Yes I've no problem with the professionals on the case being familiar with the materials and making use of them, my only concern was I've heard that sometimes judgements are made public to be used in case law for future reference and I'm not certain I would want any sensitive information to come out that way.

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6 years 4 months ago #203001 by Gordon
Replied by Gordon on topic ESA mandatory reconsideration decision
InfoSeeker

This would only happen if there was an appeal to the Upper Tier Tribunal.

Gordon

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

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