Is there a limit on the number of postponemet request without agrivating the Tribunal ?

I took instructions from a client on the 8th she is a single parent with 2 children age 3 & 6 yrs. She was on IS until she put in a sicknote and was awarded ESA, has now failed the LCfW assessment.

Postponement request made on the grounds appealed IS decision as plainly wrong - IS entitlement remains. Request has been refused and case to be heard on 17/12/09. Decision is not a direction just a Tribunal letter signed by the clerk, but does state " Everybody involved in the appeal is entitled to attend the hearing. You may therefore consider that it is in your interests to be there".

The ESA hearing should be postponed pending a revision of the IS decision. Am inclined to seek another postponement or attend in person and requst the same next Thursday.

Technically if you actually attend at the Tribunal hearing and make the request to the Tribunal it is not a postponement (administrative action) but an adjournment application.
I couldn't understand what your reasons were for requesting a postponement. What would you and your client do if it had been postponed? What would you expect to happen thereafter? If it is an adjournment the Tribunal can then give any directions they think necessary for the case to be dealt with on the issues actually in dispute (eg, further response from DWP). That doesn't happen with a mere postponement, which is usually because the claimant is unexpectedly prevented from attending, but on the basis that the case will go ahead next time on exactly the same paperwork and grounds as before the postponement.

Since the issue of postponements has been raised: is anyone else having problems getting postponements?

Our bureau in North Northamptonshire has a NN postcode but is about 25 miles from the Northampton venue and 7 miles from the Kettering one. It is a frequent occurrence for our appeals to be listed, by mistake, in Northampton. In the days when postponement and change of venue decisions were made by clerks any such request was always granted. Now that the request is put before a Judge we find them being refused.

We also had a case of a client who was admitted to hospital for bilateral foot surgery. She was due to be discharged on a Friday, the day following surgery, and an appeal was listed for the Tuesday (4 days later). A request for postponement which included the hospital admission letter was also refused.

I suspect they are being refused as the tribunal service have a 3 month back log for listing hearings, in my area they are listing for after 15th March'10.

The reason I asked for a postponement/adjournement, which was refused today - was that ESA should not have been awarded, IS should have continued and the deciison is being looked at again in accordance with DMG 41/09.

I have had one case adjourned for the DWP to deal with the income support decision, this has now been dealt with and IS back in place - however the recent case is a flat refusl to adjourn or deal with the IS decision.

I am waiting with baited breath to know if you attended the hearing today?? and what was the outcome??
Did Cl win the ESA appeal...

I had a similar situation and at the hearing the judge (regional chair) apologised for not postponing the hearing, and stated the clerk had made the decision without consulting him (!!!) had he known he would have postponed to save time/costs. Cl won ESA

Chaos

Did'nt attend,no time to - I faxed adjournemt accross and clerk rang to say it was going ahead anyway as 2 postponements already refused. Found out today ESA appeal was lost, also client did not attend.

The decision refusing 2nd postponement was to leave the decision to the judge on the day, he if it is appropriate can issue directions as to future conduct of the case "an ESA presenting officer is to attend to explain the situation".

For the life of me I cannot understand this Judge - it is plain that the IS decision was wrong in the first place, a copy of the IS revision request was included with the adjournement request. I have had another case exactly the same and the hearing was postponed and IS re-instated - not a problem apart from the time delay -

Letter going in today for set a side and SofR.

Just an update - Had phone call from DM who is going to re-instated IS this morning, actual words were, "what the hell has gone on here, it is so simple the decision was wrong in the first place". So there is someone in DWP who know's their job.