FAILED TO ATTEND ESA TRIBUNAL WHAT HAPPENS NOW

I was really ill this morning and arrived an hour and a half late to be told that hearing went ahead without me and that they will send the decision and I? will receive monday on tuesday.

The problem is that the information they had in front of them was the Medical Report
Form dated November 2009 and my cicumstances have changed

confused wrote:

I was really ill this morning and arrived an hour and a half late to be told that hearing went ahead without me and that they will send the decision and I? will receive monday on tuesday.

The problem is that the information they had in front of them was the Medical Report
Form dated November 2009 and my cicumstances have changed

If you were too ill to attend, it would have best if you'd phoned and most likely the tribunal would have a adjourned However, if the medical report was dated November 2009, and you have a later medical report, you should write to the Regional Tribunal
Judge in the area where you live, explain that you were ill and about the 2009 medical report. It's possible but there's no guarantee, that the tribunal's decision could be what's called 'set aside' which if successful would make it null and void, and you would
be granted a new oral hearing.

Details of your Regional Office should be on your decision letter.

If you decide to try and get a 'set aside' and many appellants have succeeded in the past, address your letter to the Regional Tribunal Judge.

Found a couple of cases on failure to attend which you could quote if you decide to proceed

Failure to attend hearing :

CDLA/5413/1999* (7/00) states that where a claimant has requested an oral hearing but does not attend, the best approach is for a tribunal to adjourn.

CDLA/2156/2010 [2011] UKUT 93 (AAC) refers to rule 31 of the Tribunal Procedure rules which states that when a claimant fails to attend a hearing the Tribunal may proceed if it is in the interests of justice. However in this case the claiamant had also requested an oral hearing and wished for a representative to be present who could not attend on the day in question.