i sent all my medical evidence to the tribunal for my case against the esa ruling of keeping me in the wrag group for a second time, i had earlier appealed last july but with the tribunal making a big mistake in not taking into account ,sending a doctor out to see me on the judges request and the doctor filling in medical report on DLA paperwork instead of ESA they wouldnt take into account that report which actually went in my favour so i lost even arguing what had happened. so this time for my 2nd tribunal 3rd august i was ready put together a lot of medical evidence and sent it off to them 4 weeks later the day before my tribunal date i received all my evidence that i has supplied sent back to me telling me the paperwork arrived to late for my appeal in january?? the next day i received a phone call from tribunal telling me my case is being adjourned as the panel need more medical evidence so needed my permission to get in touch with my gp, i stopped her their and asked WHY did they send all my evidence back to me and told me my appeal was in january, she didnt have a clue what i was talking about? but told me would i send it all back again? which i did with a letter asking what the hell is going on? today another brown heavy envelope arrived with all my evidence photo copied and a letter of DIRECTIONS? telling me that the decision to send my evidence back and closing the case was due to a MISUNDERSTANDING?? unknow to the judge who made the decision to get more medical evidence there was another appeal in the system ??? seeing as last september i lost the appeal i dont have a clue how it would still be in the system? and the records and all my evidence was put in the wrong file? it further states it is clear the records i supplied even the wrong paperwork being filled in last year on DLA paperwork and not ESA included towards my new appeal, it further states that the tribunal apologises for the confusion that all this has caused me but it was based on a simple misunderstanding as to what appeal the records related to?? and the records have now been put on the correct file, this is totally unbelievable especially when they state it was a simple misunderstanding . its not to me last year they lost me my appeal because of this simple misunderstanding and could of cost me it again this year , so now i await my tribunal date and im going to go in there a totally different person that i was last year they are not getting away with it again, CAN THEY GET AWAY WITH WHAT THEY HAVE DONE TO ME? id appreciate some advice, havent got a cab office in my area now so cant go to them for advice, so guys can anyone help me before i lose my mind.
hugs xxx
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bellablot
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Hello. Sorry I don't know if you can, I certainly hope you can.
Have you spoken with Citizens Advice? There used to be a system where you could get an hour free advice from a solicitor, I don't know if you still can with all the changes, have a look at the Law Society, there maybe some info about the advice there.
I wish you luck but stay calm when you are dealing with them.
Xx
You have grounds for an appeal with the upper tribunal since the lower tribunal admitted to making a grave mistake. Write to this tribunal and say they made the mistake and they must rectify it. Also ask for the details of the upper tier tribunal and that you are making a formal complaint with the upper tier tribunal. If you have attended a tribunal hearing and they made the mistake, you should not have to attend another one. So write and tell them this. Keep a copy and send this recorded delivery.
If you have written proof they made a mistake, then take it to the tribunal on the 7th Oct and explain that if this is not rectified to your satisfaction, you will consider strongly taking the matter to the upper tier tribunal, as you are very unhappy and dissatisfied. They made the mistake, they must rectify it. Go in and see what they have to say first, then if they do take the mistake into consideration and rectify it to your satisfaction, then if they do not, say you will take the matter further. You may even have a legal case, aside from the tribunal. But if decisions are being based on flawed evidence, and a huge mistake, that is grounds for a legal appeal to the upper tribunal. You may even be able to sue in court, but get advice on that.
yes ive got proof the letter where they apologised and said it was a misunderstanding a simple mistake? not simple to me, thanks for your great advice i feel a lot better now, ive lost 2 appeals to tribunals making these simple mistakes im not going to lose again.
Send a copy to the tribunal now so they have it to give it consideration and take a copy to the tribunal, just in case it gets lost, and when you get in there, ask if they have that copy you sent, if not say I want you to consider this letter then.
As the reply below says, write to your MP. Hopefully, he or she will be better than mine, who is just plain lazy and a disgrace.
Get in touch with your MP this a disgrace and as the DWP is a government body they need to be made aware. If they have admitted to making the mistakes then they should be doing all that they can to rectify it!
Get as much information together as you can so when you go in October you can show them that you have not failed in keeping them fully informed! but get your MP on your case it should help.
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