Post Tribunal

Hello, it's me, Ken Dykes, again.

Some of you may remember my report after I had represented my brother-in-law at an ESA Tribunal in October last year.
At that point we were cock-a-hoop with the result. Apologies from the two Tribunal judges for putting Bill through the hassle, expense, travelling and stress of the hearing. An almost immediate decision to uphold the appeal.

The addition of a discretionary supplement. A promise to make a formal complaint about the (foreign) medical practioner who had carried out the original medical assessment. As I said at the time, 'Some result'

This week Bill has received a letter from the Medical Services questioning his right to the benefits we fought so hard to gain and including a 27 page health questionaire repeating all the demands of the original (pre-tribunal) papers and stating that he may have to attend for another full medical assessment.

In the six months since the tribunal (which we believed would have permanently 'sorted' the situation) his health has certainly not improved. He is sixteen months from full retirement age. His wife, my sister, is of full retirement age and is about to start the fourth series of chemo for breast cancer.
Bill has never been out of work before a car accident (not his fault) stopped him from driving.

THIS COUPLE CAN DO WITHOUT THIS ABOMINABLE VICTIMISATION!

Whenever they telephone the given inquiry number they get a recorded message. On one occasion the office rang back and the lady's accent(whatever accent it was) was so thick that Bill was unable to understand what she was saying.

After the tribunal we all discarded virtually all the paperwork and now I am faced with trying to contact the Tribual chairman, a lawyer named Mr A Stedman to try to enlist his help in this disgraceful affair. With no phone number, address, either of Mr Stedman or even of the offices where this tribunal took place in Aldershot, I am at something of a loss as to how to proceed.

Any suggestions would be most helpful.

Ken Dykes wrote:

Hello, it's me, Ken Dykes, again.

Some of you may remember my report after I had represented my brother-in-law at an ESA Tribunal in October last year.
At that point we were cock-a-hoop with the result. Apologies from the two Tribunal judges for putting Bill through the hassle, expense, travelling and stress of the hearing. An almost immediate decision to uphold the appeal.

The addition of a discretionary supplement. A promise to make a formal complaint about the (foreign) medical practioner who had carried out the original medical assessment. As I said at the time, 'Some result'

This week Bill has received a letter from the Medical Services questioning his right to the benefits we fought so hard to gain and including a 27 page health questionaire repeating all the demands of the original (pre-tribunal) papers and stating that he may have to attend for another full medical assessment.

In the six months since the tribunal (which we believed would have permanently 'sorted' the situation) his health has certainly not improved. He is sixteen months from full retirement age. His wife, my sister, is of full retirement age and is about to start the fourth series of chemo for breast cancer.
Bill has never been out of work before a car accident (not his fault) stopped him from driving.

THIS COUPLE CAN DO WITHOUT THIS ABOMINABLE VICTIMISATION!

Whenever they telephone the given inquiry number they get a recorded message. On one occasion the office rang back and the lady's accent(whatever accent it was) was so thick that Bill was unable to understand what she was saying.

After the tribunal we all discarded virtually all the paperwork and now I am faced with trying to contact the Tribual chairman, a lawyer named Mr A Stedman to try to enlist his help in this disgraceful affair. With no phone number, address, either of Mr Stedman or even of the offices where this tribunal took place in Aldershot, I am at something of a loss as to how to proceed.

Any suggestions would be most helpful.

Unfortunately for your brother-in-law, it would appear that he is being subjected to the work-capability assessment again. Is the form he received an ESA50?

Atos at the request of the DWP are entitled to repeat the WCA again at any time they choose. Therefore the fact that your brother-in-law was successful with his ESA appeal is of no consequence.

Insofar as the tribunal who heard the appeal is concerned, their involvement ceased when they allowed the ESA appeal, but your brother-in-law is entitled to request a copy of the appeal papers from the hearing. Whether they are still available will depend upon the document destruction policy within the TS?

As there is some uncertainty as to which local tribunal office dealt with the appeal, the appropriate office may be found by using the venue finder HERE.

Hi, How long do the DWP keep documents for, I think the Data Protection Act states 6 years.(I may be wrong), It is just that a couple of years ago i had to appeal IB claim. I actually spoke to the person in charge of IB (north west). Who told me i am entitled to copies of everything the DWP have on me, But if possible foer me to quote dates, year etc, Because they store paper files at a warehouse at Preston, Lans.

Doesn't sound very encouraging, it is an ESA 50 form. Tried Venue Finder but it's not there. The tribunal was held in Aldershot.

I was recalled for a second medical in April and the doctor had no idea i had been on ESA for 6 months.she had no previous notes whatsoever on me.I hope your relative can find his old notes as there is no certainty the doctor will have them at the medical.Best of luck.I am still waiting my result.