benefits tribunal help

leemack

christine_chris_chrissy wrote: »

I am worried as I have a huge file, will we have enough time to go through my file

The tribunal will look at anything relevant to the issue at hand. Don't take anything in that is not relevant. Make sure that what you take in is organised in categories and in date order for instance - council tax demands 03-08 for mr joe bloggs showing address as..., etc etc. This will make it easier for the judge and less likely that they'll miss anything.

leemack

unemployedJCP wrote: »

Without wanting to start an argument.. I think most people who have had to attend an Appeal Tribunal where they are arguing against what the DWP etc. have stated, get an unfair hearing.

For example, a fair hearing is one where both parties get the opportunity to state their case similar to court with an Claimant and a Defendant. However, incidently, DWP hasn't taken an representative with them so this can't happen. To fill up time the appellant is asked unrelated personal questionson background etc.

Typically what happens is the Appeal Tribunal (especially for JSA etc.) awards a partial appeal (surely the appellant or the respondent is right, they both cant be) - basically negotiating the amount down - if this happens you need to hold it out and appeal to the Upper Tribunal. For disability cases it is extremely difficult to win.

An attitude of it not being perfect isn't adequate - the Tribunals are meant to bring justice, having an unfair Appeal Tribunal service as some may be is just a way of reducing the cost to the Government.

As incubus stated, at Appeal Tribunals the judges with no specific medical background (hence the specialist involved in the cases) seems to favour the DWP although were outnumbered by specialists. Obviously the DWP doctor is biased and lies.

There is alot of talk about ATOS (?) and the DWP with some point scoring system failing genuine disabled persons ability to claim benefit. DWP doesn't stop there - deciding to end benefits to those going through cancer treatment if they can't make an appointment. List goes on...

I'm sorry that you've had bad experiences or know of people who have had bad experiences at Tribunal, I know it can happen.

I've been to lots of tribunals. The judges are mostly fair, you get the odd doctor with an agenda. However they can only work within the law as it stands and however sympathetic they may be, sometimes they cannot find a way to award in the appellant's favour under the law. That may mean the law is wrong particularly in regard to ESA (don't get me started on that!), but that's a discussion for another board.

I would say that most appeals are fair. If you go in with good evidence and a good case (within the law as it stands) you've got a good chance of winning. If you go in with poor evidence or do not satisfy the regulations for that benefit then you're likely to be unsuccesful.

The OP is facing a Tribunal hearing and to suggest that she's going in without the chance of a fair hearing is untrue and is probably quite a scary thing to hear.

christine_chris_chrissy

I am sure I will get a fair hearing,just want to win, need to win,I think the biggest issue is lack of represemtation I find that very unfair very unhelpfull & very scary I need representing as I am not good at doing that for my self give me some one else mess have it sorted in a jiffy.
"my judge was not impressed with DWP & he is not excluded form the next appeal tribunal" what does that mean ?

[Deleted User]

If either of you have a disability or mental health problem, many local charities and groups have an advocacy service which will support you through something like this - I don't know your local area or your personal situation - but it might be something to consider?

christine_chris_chrissy

This is a predicament for me as as yes I have had a nervous breakdown(hospitalised for almost a year & very long time to recover) & treated for postnatal depression twice but I am not on prescribed meds or dissability or benefits as I didn't want to be a burden to society.I work when I find work it is very thin on the ground,I worked last from nov 19th-dec 24th on nights in local suppermarket,but nothing since. Am I dissabled ? in some ways I think I am & in other ways no. so I don't think I would qualify from help from the charities

[Deleted User]

Hi chrissy depending on where you live, there are organisations which will help you free of charge in situations like this. Try googling "advocacy" and your county/city & see what comes up? Mental health groups should help you regardless of income. Hope this helps!

christine_chris_chrissy

have searched nothing seems to be availabe locally I am in cambs & it is very difficult to access these services here imo

[Deleted User]

http://www.disabilitycambridgeshire.org.uk/homepages/homepages/cias/index.htm

http://www.cambridgeshire.gov.uk/social/accessing/ascadvocacy.htm

Plus:

http://www.cambridgecab.org.uk/FLAG/FLAG_home.htm

http://www.cwrc.org.uk/index.php?page=81

christine_chris_chrissy

I didn't find those! thank you! still a long way to travel though,I will ring round them soon.

mouseymousey99

Christine - I've sent you a PM, I am in Cambs too so maybe I can help....Mx