Tribunal about my ESA

Garry_Anderson

healy wrote: »

Please note that appeal tribunals are not biased against the claimant.

The majority of appeals are fair and people usually get the correct outcome.

An appeal is a complete re-hearing of the case and it is independent of the DWP.

I would not like people to be worried unduly by problems that the minority may have which would be far more likely to appear on a board like this.

Why then do claimants who already had IB going through tribunal have to prove their case and not the other way around like the rules state?

I had to prove that the DWP had lied and misrepresented me - difficult and near impossible when you are ill - why did the DWP not have to prove that they told the truth?

Surely if I already had IB then DWP had to prove their case.

healy

Garry_Anderson wrote: »

Why then do claimants who already had IB going through tribunal have to prove their case and not the other way around like the rules state?

I had to prove that the DWP had lied and misrepresented me - difficult and near impossible when you are ill - why did the DWP not have to prove that they told the truth?

Surely if I already had IB then DWP had to prove their case.

If you were still being paid IB you would not have to appeal.

I am talking about when people fail a medical and appeal to have their IB reinstated and have a tribunal.

NASA_2

:rotfl:

nogginthenog wrote: »

I must admit i would like the provision of the initial ESA medical to be AUTOMATICALY taped just like police intreviews, and also criminals have legal representation with the power to intervene during interviews, which i would also like to see implemented into ESA medicals.

I would like the entire lives of everyone who claims sickness benefit taped.

I'm sure it will be interesting as to what they can achieve when they put their minds to it. Possibly, and I just mean possibly, different as to what they achieve when they are in the medical room.

That wont happen - infringes on human rights apparently.

Garry_Anderson

healy wrote: »

If you were still being paid IB you would not have to appeal.

I am talking about when people fail a medical and appeal to have their IB reinstated and have a tribunal.

Stating the obvious - this is when the claimant had benefit awarded but then DWP stopped it - i.e. it was for DWP to prove case at tribunal because it already had been awarded.

As it should have been in my case and all similar cases.

Therefore you are wrong - the tribunal is biased against claimant.

This should prove to everybody as to where the tribunals loyalties lie in medical appeals.

healy

Garry_Anderson wrote: »

Stating the obvious - this is when the claimant had benefit awarded but then DWP stopped it - i.e. it was for DWP to prove case at tribunal because it already had been awarded.

As it should have been in my case and all similar cases.

Therefore you are wrong - the tribunal is biased against claimant.

This should prove to everybody as to where the tribunals loyalties lie in medical appeals.

...

It may have been awarded but there had been a NEW decsion which would need to be appealed against. The tribunal hears both sides and makes another decsion.

I am not wrong, the tribunal is not biased against the claimant.

The tribunal is an INDEPENDENT tribunal, they do not have loyalties either way.

PLEASE NOTE
I would encourage anyone to take my word for this or check it out for themselves as what I am saying is correct and I have to keep correcting the misinformation of this poster.

alwaysonthego_2

healy wrote: »

...

It may have been awarded but there had been a NEW decsion which would need to be appealed against. The tribunal hears both sides and makes another decsion.

I am not wrong, the tribunal is not biased against the claimant.

The tribunal is an INDEPENDENT tribunal, they do not have loyalties either way.

PLEASE NOTE
I would encourage anyone to take my word for this or check it out for themselves as what I am saying is correct and I have to keep correcting the misinformation of this poster.

Yes it is an independent tribunal, I have know loads of clients who are successful and those who were not usually there was a good reason for that decision.

peanut-tay

I have been to tribunal today for my son as we appealed against the original decision (he only scored 12 points).
The two people on the panel were very nice, they made us feel we had every right to be there and were impartial to the E.S.A. They could not understand why it had gone that far and have to go through all the anxiety involved. They over-ruled the decision(awarding 21 points) and we won our tibunal!
It is a totally an unfair system (unless you have physical difficulties) using tick boxes and an inadequate medical.
To anyone who is worried about attending a tibunal, just be yourself and say it how it is, they are there to listen and get the facts.

nogginthenog

NASA wrote: »

:rotfl:
I would like the entire lives of everyone who claims sickness benefit taped.

I'm sure it will be interesting as to what they can achieve when they put their minds to it. Possibly, and I just mean possibly, different as to what they achieve when they are in the medical room.

That wont happen - infringes on human rights apparently.

I was thinking more about stopping the lies. that doctors are putting in their final reports...Which bares no resemblance to what is said in the ESA medical.
Their have been so many complaints, to the Wirral benefits advice centre all about the same thing.....its to many for coincidence.

NASA_2

nogginthenog wrote: »

I was thinking more about stopping the lies. that doctors are putting in their final reports...Which bares no resemblance to what is said in the ESA medical.
Their have been so many complaints, to the Wirral benefits advice centre all about the same thing.....its to many for coincidence.

I was thinking about stopping all the lies - like people who claim disability benefits and officiate as linesmen at the same time - or those that claim disability benefits and work a 40 hour week on a busy construction site.

See, it works both ways, there are liars on both sides, neither is more justifiable than the other yet on here you would think it is a one way street.

Tape the claimants, tape them for a week before they arrive and a month, covertly, after they have had the medical, record it on the fullness of evidence. That should be an interesting excercise.

someonestopme

To update my money was backdated and paid into my account today.

Garry is right,criminals do seem to get more respect than us poor cripples,but wrong that the tribunal is biased.
The tribunal system is different but any dealing I have had with the DWP they seem to make me feel like a criminal even though I have worked hard all my life and paid my taxes and never been in trouble with the law.
As I understand it most tribunals find in favour of the claimant,WHY then can't the DWP do there job properly in the first place and save the tax payers tens of thousands of pounds for each tribunal??? I realise some people must forget to supply all the information required but that wasn't the case with me and i'm sure it isn't with thousands of others. Did I get so much as a sorry? course not.The guy I spoke to had only one defense which he used repeatedly,"you won your tribunal and you got your money backdated".

I should bloody think so,that was my money they were holding back!!! My back is broken,I am in absolute agony every day even though I take enough morphine every day to send Amy Winehouse cuckoo!I have to live on as much money every month as I earned in 3 days before my accident. I HAVE ENOUGH THINGS TO WORRY ABOUT.As well as that it's blatantly obvious i'm not playing the system. A simple and deserved sorry would have been very very nice!