ESA tribunal this friday

ilovecows

Hi all i have been claiming esa since april 2009 and failed my esa medical last summer.

I appealed and now its sent to the tribunals service and the hearing is this friday

i do not have a representative, so i dont have a clue what to say or do!

do they ask questions or make you say your bit??


I am going alone.

is the pass rate more succesfull at tribunal?

anyone had their hearing yet? experiences please!

thanks
xxx

NASA_2

They will ask you questions. You will need to tell them why you think the decision was wrong and back it up with any evidence you have.

The Department wins the majority of cases but its not unknown for a claimant to win.

andyandflo

ilovecows wrote: »

Hi all i have been claiming esa since april 2009 and failed my esa medical last summer.

I appealed and now its sent to the tribunals service and the hearing is this friday

i do not have a representative, so i dont have a clue what to say or do!

do they ask questions or make you say your bit??


I am going alone.

is the pass rate more succesfull at tribunal?

anyone had their hearing yet? experiences please!

thanks
xxx

Well all I can say is that you have left it a bit late to be asking this question!

I do hope you have been gathering your medical evidence which will be needed to prove your entitlement.

As regards getting help, this should have been sought months ago when you put your appeal in.

Yes the pass rate is pretty good, but don't expect a walk in the park! It is for you to prove/establish that the DWP were wrong in failing you.

I_luv_cats

Try to get to a Citizens Advice benefit specialist Wed/Thu.

CAB were looking into accompanying people @ appeals - I don't know if that has started yet?

Prob too late for a submission from anybody i.e. doctor to be sent to all parties. The Appeals Tibunal Service may still look at evidence you bring on the day though.

LondonDiva

Tell the truth at the tribunal & hopefully that will win the case on the merits.

ilovecows

i cant actually make the triibunal tomorrow as i am just too sick at the moment.

My lungs are bad and i can barely speak

How do i go about telling them i wont be there?

will they continue without me??
How do i tell them more about my medical conditon worsening since my esa medical

please help

bezzza

I represented myself at my tribunal, however, I had sent a 10 page statement highlighting the "inaccuracies" on ATOS medical report as well as giving a far more detailed background to my conditions (as everyone knows you are asked set questions with no room for expanding on your answers or giving explanations) and a full list of every GP, hospital and physiotherapy appointment I have been to during last 12 months although they were only interested in appointments up to the medical (which is fair enough but I preferred to send too much information than not enough) 2 weeks prior to the hearing so that they understood my reasons for the appeal. The impartial doctor and the judge were really nice and asked me lots of questions about what my condition was at the time of the medical - unfortunately they are not interested in how your condition has worsened as you are appealing the original medical decision although I believe you can ask for your condition to be reassessed based on your current condition but for me it just wasn't worth the hassle especially as I was successful at the tribunal.

Unfortunately I feel you may have left it too late to try and re-arrange your tribunal and think that they actually continue without you being there - if the tribunal uphold the original decision you can only appeal on a point of law, I believe. I know this sounds really bad (and I know you must be really ill) but is there absolutely no way you could attend so that the panel can see how ill you really are - I was so hyped up on painkillers I could barely see straight and kept slurring my words but they fully understood and it was all over and done with in less than 30 minutes in total (including 5 minute discussion with clerk on the proceedings, 10 minutes of questions and 15 minutes waiting for them to fix printer to print out decision letter). Good luck!

eeyore2ok

I had my tribunal yesterday and it was fine, I had Welfare Rights with me and they went through all the paperwork beforehand but had nothing to add to the actual tribunal.

2 people on the board, and they were lovely, just asked me lots of questions which I answered truthfully and comprehensively. Lasted about 15 minutes

2 minutes after I came out, I went back in and they found in my favour, I'd had 0 points on my medical. I didn't find it daunting, it was fine, but I was prepared before and had written down how bad things were, with examples. I also felt better that Welfare Rights were there with me