IB/ESA Transfer Appeal Puzzle

Today i attended a tribunal appeal with a friend who has been transfered from Ib to ESA recently. Basically after a farce of a medical the HCP concerned awarded 0pts.
At the tribunal today, the clerk did not have all the written evidence we provided (via registered mail) before xmas and unforntunatly i didnt have all copies with me. However I gave her what i had but am unsure if the tribunal chairman will enter it as material evidence as he seemed reluctant to. He also insisted as I was the person who scripted the accompanied submission that I sit outside till called to answer weird questions about MY living arrangements and so-called relationship with the appelant (joint tenant).
Question is what recourse would we have to take this to upprt tribunal if reqd?

calimero wrote:

Today i attended a tribunal appeal with a friend who has been transfered from Ib to ESA recently. Basically after a farce of a medical the HCP concerned awarded 0pts.
At the tribunal today, the clerk did not have all the written evidence we provided (via registered mail) before xmas and unforntunatly i didnt have all copies with me. However I gave her what i had but am unsure if the tribunal chairman will enter it as material evidence as he seemed reluctant to. He also insisted as I was the person who scripted the accompanied submission that I sit outside till called to answer weird questions about MY living arrangements and so-called relationship with the appelant (joint tenant).
Question is what recourse would we have to take this to upprt tribunal if reqd?

Hi C,

You can only appeal to the Upper Tier, if there has been an error of law, see information from this link :

What is an Error of Law?

A request for a decison to be set aside can be made if there was some kind of "Procedural Error"

See here also on requesting a statement of reasons :

Tribunals – Requesting a Statement of Reasons

bro58

Hi Calimero

If the appeal is disallowed, make sure you ask for the Record of Proceedings (the Judge's hand-written record of what happened at the hearing) as well as the Statement of Reasons. You could then seek face-to-face advice regarding grounds to apply for a 'set aside' or appeal to the UT.

If the Judge refused to consider evidence you provided the reasons should be stated in the SOR. If the tribunal didn't look at documents you sent and failed to adjourn there is the potential to apply for a set aside or appeal to the UT, but you would need to seek advice.

Good luck, but I hope the above doesn't become neccessary.

Regards

Derek

thanks guys for the info. will just wait now for the postman.

hi derek, as i thought the appeal was disallowed. On friday however i recd a telephone call from tribunal service manager stating he could virtually guarantee a SET ASIDE if requested. Today i faxed the request to him with an adjoinder that should the chairman refuse the set aside i am formally requesting RoP and SoR and seeking permision to appeal to upper tribunal.
Now my question is What exactly happens with my flatmates current ESA claim (assessment)? Would the DWP be required to continue with this claim until a re-hearing is held? or can they arbitrarilly close down the claim?
Any advice regarding DWP procedures when a SET ASIDE has been granted?