ESA Appeals question

[osdset]

Has anyone got any experience of the tribunal adjourning an appeal when the appellant turns up with no supporting evidence? I have heard that this happens.

[abc123def]

No personal experience but I would think it would only happen if through no fault of the appellant's they were still awaiting some evidence previously applied for or following a recent appointment - not simply because they hadn't got their act together.

[estellyn]

The tribunal can be adjourned if the panel feel extra information is required to make a decision - regardless of whether the appellant brings any evidence with them or not - it depends on the quality of what the appellant brings and the medical conditions being discussed. I've seen it happen where there is a question over the ATOS report - for instance if the contents have been ripped to shreds, and the report can no longer be relied upon, but a medical opinion is still needed. They can request ingo from GP's, consultants, health workers, or even request an assessment is carried out by a an independant doctor.

 

Don't bank on it happening though - its best to go as well prepared as possible.

[osdset]

An update on the proceedings.

 

I had the hearing this afternoon, the only thing I had to hand to submit to the panel was a four page self written statement outlining several discrepancies with the HCP's report, including a summary of my conditions, and how I felt I met the descriptors.

 

The panel listened intently to what I had to say, asked several questions about my condition, and other related subjects, had a quick note swap, then the judge informed me that they had found that I met at least one descriptor that scored 15 points, asked if I had anything to add, then told me to wait outside for the clerk to give me the paperwork.

To be honest I was totally gobsmacked, it wasn't until the clerk gave me the decision notice that it actually sank in. I would never have believed that an appeal would be upheld without medical evidence.

[Slatted]

:whoo:Congrats!

[estellyn]

Great news, well done!

[RaeUK]

No question. You won. Congratulations!

[bigissue]

Wonderful news!

[osdset]

Thanks everyone, one interesting thing about yesterday, I arrived at Fox Court early for the appeal, the waiting room was full to the gunnels with claimants clutching bundles of paperwork so I thought I was in for a long wait, the panels must have been in turbo mode because all of a sudden clerks were appearing from nowhere calling out names and taking new evidence to photocopy.

Everyone was in and out in about ten minutes, and most were getting good news from the clerks, I reckon the panel members must have watched Dispatches or Panorama this week because it sure seemed like they were sending a statement out.