ESA Appeal Won - but that's not the end of the problems!

[petebeds]

Hello everyone,

 

Thought I might share my experience of my ESA Appeal and the problems I have had subsequently.

 

I was signed on to ESA in April 2009 with severe depression and called to a "medical" in July 2009. Obviously, I "failed" the "medical" and immediately appealed. I have subsequently been diagnosed bi-polar.

 

My appeal was finally heard on 17th September this year. I had sent 29 pages of additional evidence (letters from GP, Psychiatrist and the Other Half plus a letter from me concerning the medical) through about 10 days before the hearing (the letter said no later than 7 days before).

 

On the day of the hearing, neither the Clerk or the Judge knew anything about my additional evidence, despite my having been told that it had been faxed through from the Admin Support Centre in Birmingham to the Venue.

 

Anyway, to cut a long story short, the Clerk took my copy of the evidence and copied it for the Judge, I was sent out of the room while they read it and when I came back in they told me that my appeal had been allowed under the exceptional circumstances rules. I was then handed the decision notice and all my copies of the evidence back.

 

However, there was a problem with the decision notice - on the first line where it says "The appeal is allowed/allowed in part/disallowed" they had crossed out the wrong bit so it said that the appeal was disallowed. Below that it states that the decision of the Secretary of State issued on 7th August 09 (the "failure notice") is set aside, then below that the Judge has written in that the Appeal is allowed under Regulation 29(1)(b) of the ESA Regulations 2008.

 

This has caused consternation with the DWP, who have sent the decision notice back to the Tribunals Service for correction. In the meantime, I am not only owed about £1600 in arrears of the difference between the Assessment Rate and Work-Related Group rate, but since my last medical certificate ran out they have turned round and said that I can't have any more money!

 

Obviously I have raised a formal complaint with the Tribunals Service about them losing my evidence and the error on the Decision Notice not being checked before it was handed to me but the response I have had has been that it falls out of the ASC's responsibility and is down to the Hearing Centre.

 

Now to cap it all, the Tribunals Service says that they have lost my file!

 

Just to warn everybody, it isn't going to be as straightforward as you think, even if you win your appeal ...

[honeybee13]

Hello. I'm really sorry to hear that and hope we can help you achieve justice here. I also had dealings with the DWP office in Birmingham and they were beyond dreadful.

 

Don't give up.

 

My best, HB

[oregon]

Petebeds - Sorry to hear of what happened. I sent my evidence, by post, into Birmingham - and they claim to have never received it. I then emailed it - and it bounced. That office is a disgrace!

[ee-bee]

strange that !! they also lost all my file at birmingham, and had to start all over again,then when everything was running on course and i was just waiting for appeal date they somehow found it,my appeal bundle was an absolute mess !! i appeared to have 2 lots of everything ,even the tribunal judge passed comment on this

[babybear39]

They're not the only incompetant bunch of numpties...A TOSsers 'lost' an extremely personal fax containing info. as to why I couldn't attend a medical exam...I'm going to sue them and DWP for gross breach of the DPA.