Telephone Appeal

Thanks for your reply Gary.

I have been waiting so long now that I have got used to it.

I got an email today from the HMCTS SSCS Bradford to say The Judge has refused my postponement request. The Judge has advised that I explain at the hearing that evidence is outstanding and it will be considered carefully and sympathetically.

This is not why I asked for a postponement. I asked for the postponement because I had only been given 4 days notice of the hearing. I did mention also that I had not received the DWP evidence that the last Judge had asked for at the adjoined hearing.

The tribunal service said they had received the DWP evidence and also my additional evidence and would send it to me.

I rang the tribunal service today and asked them if the hearing could be postponed because I did not receive enough notice due to not receiving the notice of hearing in time and I understood you are allowed 2 weeks notice. I explained again, I had also not received the DWP evidence The Judge had asked for but understood the tribunal had received it.

The tribunal service said they would put in a request for a referral and email me back with the decision. They asked if I would be happy for the hearing to go ahead without me attending. I replied that I would not.

I added that my friend who supports me and would want to speak at the hearing would not be available on Wednesday and that I also had a medical appointment.

I don't do know what they will come back with but if it has to go ahead, I will have to cancel my appointment and go it alone without my friend's support and most probably get a negative outcome.

If only they had emailed me the hearing date and put it on the app that I have. I pointed it out to them that it was not showing on the app but now it is, too late!

Let you know when I hear anything.

Hi Bis

Thanks for your support.

I got a text and call this morning from the Clerk of the Tribunal to say that the doctor on the tribunal said it should be adjourned because they have not had the extra evidence that the previous Judge requested. I explained that I had not received it either and the previous person I spoke to this morning said that it had all been sent out.

She looked into the system while I was on hold and found that the tribunal system had received it but it had not been collated into the bundles and therefore none of the relevant parties including me had received it.

She said that although the doctor on the panel wanted a postponement, it was up to the Judge for the final decision to do so and she would phone me by 3.30 if it still going ahead but if I don't hear from her then it is not.

The problem she explained was that the service was working with two systems, one being the new digital system. She apologised to me and said if we get a postponement, I will go to the top of the list for a new hearing.

She said if calls me by 3.30 the hearing is on, if she doesn't, the the Judge has adjourned it.

I've got to the point now where I don't really care one way or the other, I just want to get it over and done with. It's gone on far too long for something that should have been properly assessed in the first place. It must have cost loads of money apart from the stress and trouble it's caused me.

My disabilities are physical but I can't imagine if they did this to someone who has mental issues how they would cope.

Anyway, let you all know if it happens.

Hi Everyone

Just an update: It is now five minutes past 4 o'clock and NO phone call from the Tribunal. So I presume the Judge has postponed the appeal again.

HI Thank you for your kind words.

I got a letter from the Tribunal Service saying that the tribunal has decided to adjourn the hearing.

It stated:
The appeal was adjourned because the Appellant had a medical appointment and because further evidence which was in the possession of the Tribunal Service had not been added to the hearing bundle.

They also state that it may be helpful in deciding my appeal if they had copies of GP notes including letter from Consultants, Hospitals and other health care professions who are treating me.

It says I am entitled to make a request for these from my GP free of charge under the General Data Protection Regulations (GDPR). If I am willing to provide copies of my GP notes the Tribunal would like to see the notes only for the period 01/01/2018 to date. I can show the Directions notice to my GO to explain what the Tribunal has decided.

Goes on to state within 28 days.

The Tribunal Service already has in its possession DLA evidence from the DWP and further evidence submitted by mean 20 and 21 December 2020 and they should be added to the bundle and served on both the Appellant and the Respondent.

I think I've provided enough evidence of my medical conditions already. There is nothing new to send them that they don't already have. Also not been able to see any medical professional for over a year due to Covid-19 and lockdown.

I am really fed up with all this now and would throw in the towel but I might as well keep going.
Got nothing to lose, already lost it thanks to the DWP.