ESA Appeal in 2 weeks, no bundle

I’ve got an occasional client (drops in & out of my remit, but currently firmly IN), who has appealed against an ESA conversion decision, and given my name as rep (I wasn’t involved in lodging the appeal itself).  Fair enough, though I don’t hold out the greatest hope of success, she does need the support, so I’m happy enough to attend.

I received the date notification at the start of this week from HMC&Ts;, as did client, but that’s all we’ve had. Her letter tells her to bring the paperwork, which is claimed to have been sent to her from Llanelli, but mine says nothing.  No bundle received as yet.  I phoned HMC&Ts; who said “Oh, not us, Llanelli”, and gave me the usual 0845 number, and said they’d requested the appeal bundle be sent to me on 28/5. 

After a happy half hour of Vivaldi, there’s nothing on ESA’s systems for me as rep, nothing about an appeal, and it’s not Llanelli, but Aberdeen.  And a 3 hour callback promised at 3pm, when I’m not back at work until Monday.

Anyone else had this problem?  And what do I do when I bowl up to a tribunal in a fortnight with nothing but my own stunning personality to see me through?

Yep- I’ve been there. Usually when I’ve got involved at a late stage and the client has long since lost/thrown away/eaten their copy of the bundle. TS refuses to send copy of the bundle on basis we need to request it from DWP and DWP ignore the requests/know nothing about it/farmed it out to BDC at other end of country for whom there is no address nor phone number, etc.

My usual tactic in these circs is to lodge complaint with TS in tandem with postponment request. Usually that results in TS copying the bundle and forwarding it to me. If all else fails you’re just going to have to request an adjournment on the day.

Incidentally, I have one at the moment where the bundle really has been lost- TS has lost their copy, the client’s copy was sent to a previous address, we weren’t copied on it even though we were listed as reps and DWP has been unable to produce duplicate copy despite Direction from TS judge as the BDC that produced it in the first place has since closed. I have no idea how that one is going to pan out.

Unless the DWP have been notified of you as rep in accordance with the tribunal rules you will not get a set aside on the grounds of not being supplied with the papers. Has your client got his copy?  If so get that or ask TTS to run you off a copy.  If all else fails then you might be able to get an adjournment on the day if you do turn up with only your stunning personality in tow.

Client hasn’t had their copy either, she’s a real panicker, so I’d've had a phonecall when the wedge of paperwork landed on her doormat.  They’ve got me on file as rep, because they sent me the appointment letter, actually to the right office address as well! They usually send things to our other office & I have to collect.

Papers appeared this morning, before 9.30 appeal. And goes to show you can’t predict, I didn’t hold out much hope, but judge said she’d normally adjourn due to papers issue, but she’d looked at them & awarded Support Group & a recommendation of no reassessment within 2 years, without a single question to my client.

(I would have done a little happy dance outside the courtroom, but crown court was in session & there were folk in wigs & gowns looking at me)

You should have done it anyway!

What a result.

As a final twist in the tale, guess what arrived at my office yesterday?  That’s right, the appeal bundle.  Cover letter dated 8 August 2012, for the appeal that was heard on 13 July!  (The papers I had on the morning of the appeal were a copy from TS)

First page says date appeal received 15 Feb 2012. I’m wondering if it’s worth s complaint, even by the DWP’s standards it shouldn’t take 6 months to print an appeal bundle.  And certainly not 4 weeks after the actual appeal.

Of course it is. That isn’t just outrageous, it’s surreal.

Try to get your organisation onto mailing list for the ‘escalation’ phone numbers at your local benefit delivery centre - we have a list for Basildon and I have to say that 99% of the staff we speak to there are incredibly pleasant and helpful.  As far as I know any advice agency should have access to these lists.  The numbers are only to be used once the usual callback system has been tried, but also may be necessary in emergency situations and also to fax last minute conclusive evidence to decision makers to see if a hearing can be avoided (this has worked for me).
Good luck with getting the numbers!
Julie