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esa tribunal hearing

hello im waiting at the moment for my appeal date to come through for the tribunal ,i think i may need some advice ,as dwp are no help ,this all about assessment letter going to wrong address ,which i have corrected over the phone so manytimes ,,and they are still getting it wrong ,was advised by the tribunal people to ask for a copy of the dwp which they have recieved ,but ive not ,i now have rung dwp 3or4 times ,to get a call back to say another one will be sent out to me ,but nothing yet ,like banging my head agaist a wall with them ,plus im not confident about not having someone to repersent me ,to be with me ,who knows the rules 

Replies

  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Hi @ewoodblue, sorry to hear about this.

    I'm not surprised you're so frustrated, especially when you've tried to rectify the problem yourself with no luck. Wen was the last time you spoke to directly somebody from DWP? Hopefully a benefits advisor will be in touch soon with some guidance on what to try next. Really hope you can get the issue sorted ASAP! 
  • ewoodblueewoodblue Posts: 9Member Listener
    hi the last time i spoke to someone was 5days ago ,then they returned the call saying this would be rectify the problem on a tempory basis ,but i need to go to my local job centre to reg the address ,ha which they already have on there system ,as i received the mandanory result at the right address ,but since then had nothing ,
  • Pippa_ScopePippa_Scope Posts: 5,856Member Disability Gamechanger
    Sounds like a nightmare, @ewoodblue! Keep us updated and let us know how you get on.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    Hi ewoodblue,

    A change of address or a correction of an address should be simple - all you should need to do is phone the DWP and tell them. 
    The tribunals service are independent of the DWP though so they'd need to be notified separately.
    Also, if you have an appeal registered anything that the DWP sends to the tribunal should be copied and sent to you, and everything else should have already been in the appeal bundle anyway.
    If you are after representation at an appeal you need to contact your Local Authority and see if they have a Welfare Rights team, or see if there is a law centre in your area.
    You can get some help online if you feel able enough to prepare your own appeal or the CAB can advise you and help you with your submission (your argument for winning the case). In brief, you need to look at the PIP descriptors and pick out which ones apply to you so you can direct the tribunal to consider the important issues as you see them, and you need to supply medical evidence from your GP or any other medical professional involved in your care if you can.
    Finally, if you are not happy with the DWP for the way they handle certain things you should ask to speak to a manager. All the best.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ewoodblueewoodblue Posts: 9Member Listener
    thankyou for your help with this ,ill keep you informed 

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering
    ewoodblue,

    Is the tribunal hearing itself about you not going to an assessment because the letter went to the wrong address? If so, you would need to focus on that and how you simply didn't know about it and so couldn't turn up - your other problems with the post would be good evidence. 

    I don't know if the benefit the appeal is about is ESA or PIP - but as Lee says, if it is about you not meeting the disability conditions for the benefit, then you'd need to think about which descriptors you think apply to you and what evidence you would use to show that.

    Finally, if the DWP don't include a crucial letter in their bundle, particularly one on which the appeal decision will have to focus, then it's not going to reflect very well on them, and may actually help you to get the right result. As Lee says, the tribunal service should send copies of everything out to you, so it may just be worth making sure that they have the correct address, as Lee suggests?

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ewoodblueewoodblue Posts: 9Member Listener
    yes lee this is about me not getting the letters for an assessment which where sent to the wrong address ,which i now have these letters and shows they werent at the right address ,,ive had all from the tribunal service ,but not a copy of what dwp sent to them ,id contacted dwp ,they said they would send this out to me but ive still not got anything .this is after 4 phone calls of which they where told the same information ,re address 
  • ewoodblueewoodblue Posts: 9Member Listener
    this is all about me not reciving a letter to go for an assessment which went to the wrong address ,so i was not able to attend ,have never missed one before ,theyve been contacted many times myself to confirm the address and even now when i ring ,they say the wrong number of house ,but then say ah the orther system has the right one ,how many system do they have for this ,,its got crazey ,just still waiting for tribunal apeal date ,have not recieved any money from them since july ,im hopeing if i win ,i can get the back pay to pay my depts of now 

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,679Member Pioneering

    Best of luck with the appeal ewoodblue (when it comes!).

    In the meantime if your debt are worrying you, why not go and see a local Money Advice service such as Citizens Advice or a Money Skills etc (some Social Landlords have them). Just a thought!

    Kind regards,

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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