ESA

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Hello, My son has just heard from the appeals tribunal that they were unable to decide the appeal.  The tribunal has decided to adjourn the hearing.

The letter states that the appeal was adjourned because the tribunal felt it was not appropriate to hear the appeal on that day & that my son should be encouraged to attend the adjourned hearing.

It also states that the Tribunal clerk shall obtain copies of GP computer records including any correspondence from hospitals & consultants.

Again the letter states that my son is encouraged to attend an oral hearing of his appeal. He did not attend the first appeal because of his medical conditions & they know he would not be able to attend any appeals yet are still saying he should be encouraged to attend.

The  letter also states that if my son is willing to attend he must let the Tribunal Service know within 14 days of the letter otherwise the appeal will proceed to be heard on the basis of the papers alone.

I can't understand why they are so keen for my son to attend the oral hearing of his appeal.  They will have all the necessary paperwork, so how will his presence make any difference to their decision?

I know I have read that it is better for people to attend these appeals rather than the decision be made on the basis of paper alone, but if the person is unable to attend I don't think that should go against them.

This scenerio has been going on since October 2016.

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    Forgot to say that my son's appeal was to see if he could have his ESA reinstated.

    He is now having to claim JSA as the last time his ESA was stopped he had no money for 12 months.  He was not told that he could claim JSA until his appeal was heard.

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      Hi Mary,

      I'm sorry to hear all the problems you're having. Firstly yes i totally understand the issues that people have in attending these tribunals but it would go massively in his favour if he would be able to attend. Is there anyone that could go with him? The reason it's better for people to attend is most probably so they can see exactly what the claimant is like in person. I understand it's hard for lots of people to attend but it just helps.

      As for his benefits is there any reason why he couldnt have his ESA reinstated while waiting for the tibunal decision? When someone has been found fit for work and they have to claim JSA once the Tribunal have accepted the appeal they can start ESA claim again at assessment rate.

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    I think they like to meet the person who the appeal is for. If it's possible to do so. Even if they are frightened or have disabilities. Hopefully your sin has a representative. Which could be yourself. I am awaiting a date for my tribunal and have MS which has caused me to have memory loss along with many other problems. I cannot remember most things any longer. My mum is my representative and will support me through this. Most appeals are awarded to people who attend in person. Paper based appeals are often turned down. I hope your son finds the courage to attend as I know you'll support him.

    Mark

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