ESA Appeal

In midst of appeal. DIAL are supposed to be helping me but have nessed up: JobCentre phoned 3 weeks ago to say they would be looking at my appeal and why had I not sent supporting evidence ? Turned out DIAL had not sent it on. Phoned DIAL immediately and asked them to do so.

Got Appeal papers today. Been sent for tribunal and turns out DIAL still had not sent supporting docs. Also DIAL have appealed on basis of some descriptors which dont apply to me/or not used descriptors which do ! I'll look like a fool or a liar to tribunal

What can I do ? Will all paperwork have been sent on to Tribunal now ? Is it too late to rectify this mess ?

Hi nozark

I've been in a similar situation to you when I was represented by a welfare rights organisation, which I won't name.

My case worker wrote an entirely fictitious appeal statement that I couldn't possibly support and submitted it without my permission or giving me a chance to approve it.

I wrote my own appeal statement that accurately described my disability and asked her to submit that, but unfortunately she failed to make it clear in the cover letter that the first statement was sent in error and without me having sight of it. This caused further confusion, particularly when the two statements contradicted each other. I eventually dis-instructed her and wrote a letter to the tribunal explaining the situation and asking them to only consider the statement that I wrote.

I'm afraid I can't advise you on what to do regarding DIAL, but if you feel that they are unhelpful or making the appeal more difficult you may need to consider dis-instructing them and finding another rep or representing yourself.

I think it is crucial that only accurate information that can be supported orally at the hearing is submitted to the tribunal. If there is any documents added to the appeal papers on your behalf that incorrectly describe your disability it is important that you tell the tribunal, preferably before the hearing.

On the other hand, if DIAL has not sent them yet it's important that you ask them to correct them.

Bearing in mind that it's the appellant that has to attend the hearing and answer the tribunal's questions it is totally unacceptable for any rep to submit documents without their clients approval, and it is certainly impossible to argue that you satisfy descriptors when you don't feel you do.

Good luck

Derek

Thanks Derek and Gordon. Great advice. I shall press on with dis-instructing and doing it myself