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TOPIC: tribunal nightmare

tribunal nightmare 5 years 11 months ago #72524

i started claiming esa in wait for it 2009! was only on lowest amount i was awarded no points at the medical but with the help at cab went to tribunal and was awarded 12 points i came out and just did not want to carry on but after my representative received the written statements he said he was unhappy with the outcome and that errors of law had been made in the meantime i had no choice to claim jsa even though the judge on the day stated it will be taken into account you cannot sit for periods stand for periods bend lift etc what job can i do then and i can assure you no account of points awarded is taken i was even asked about a job as an aerobics instructor! me with osteoarthritis spinal stenosis arthritic shoulders!now my original tribunal has been set aside and anew date given now the chap i see at the jobcentre has told me to go back on esa with this information but cab say this may complicate things i cant see the point of signing on knowing full well i am not employable and i dont want the tribunal to say why are you looking for work this was something i had no choice in any help ???

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Re:tribunal nightmare 5 years 11 months ago #72540

  • Gordon
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littlejo

If your Tribunal Decision was set aside, I would have thought that you should be eligible for the ESA Assessment rate again, which is paid at the same level as JSA.

You should contact your local DWP office and explain the situation and ask them to re-instate the payment.

How long ago was the Tribunal set aside? You may need to provide the DWP with a copy of the Decision.

Gordon

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

Re:tribunal nightmare 5 years 11 months ago #72566

it was set aside until dec 19 a total of 3 months i am not sure as to whether i have to attend i am just thankfull if i do the doctor on the previous tribunal will not be there i have never met such a hostile disrespecting person it was like being interegated!even my representative was shocked with the way i was treated all this when you are just trying to fight your corner my consultant who had written letters and reports has questioned why they never wrote to him direct with specific issues they needed answers for surely he is the best one to ask whats the point of sending evidence when its barely used

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Re:tribunal nightmare 5 years 11 months ago #72567

  • Gordon
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littlejo wrote:

it was set aside until dec 19 a total of 3 months i am not sure as to whether i have to attend i am just thankfull if i do the doctor on the previous tribunal will not be there i have never met such a hostile disrespecting person it was like being interegated!even my representative was shocked with the way i was treated all this when you are just trying to fight your corner my consultant who had written letters and reports has questioned why they never wrote to him direct with specific issues they needed answers for surely he is the best one to ask whats the point of sending evidence when its barely used

Was your previous hearing a Paper or Oral hearing?

The newly convened hearing will be of the same format.

The success rate for Oral hearings is about four times that for a Paper one.

Gordon

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