LESS THAN 14 DAYS NOTICE FOR ESA APPEAL

Hi everyone, just a quick question. Received a letter six weeks ago stating my ESA appeal is not likely to be heard until late December. I suffer from severe anxiety and depression which significantly effects my day to day life. Duly posted my appeal form by Special Delivery stating I wanted an oral hearing. The form was duly lost and refound again, following several calls to the Tribunal Services. However, I didn't receive a letter confirming they had received it at all. Just received a letter today saying my appeal is scheduled for the 8th August. The letter is dated 26/07/11, which is less than 14 days, especially as I only received it today, 28/07/11. I don't know why they estimated late December and have now scheduled it for early August. I also have not been in contact with my GP to provide additional notes, nor have I sorted a representative who can help me during the appeal process. Due to date estimate, I thought I had a lot more time. Do I have the right to postpone the hearing based on the short notice and lack of preparation time ? Any help would be greatly appreciated.

Hi Jimmy

This is probably due to a cancellation but you should get at least 14 days; it appears that you have been given 13.

I'm afraid that you don't have a right to a postponement but you can write to the tribunal and ask for one. If you do make it clear that you do not want the hearing to go ahead and explain the reasons why, as well as the fact that the notice is 13 days.

However you should never presume that it will be postponed and phone Tribunal Services to confirm it.

Hope this helps

Derek