Employment and Support Allowance Appeal/Tribunal Query

Hunnybear

Good Evening,

I am a new forum user looking for some advice/info regarding the above. I was in receipt of ESA and was placed in the Support Group rather than the Work Related Group, it is my understanding that this seems to be the exception rather than the rule.

My ESA was up for renewal and I completed the questionnaire and shortly afterwards the medical with ATOS.

I was notified last week that I scored 0 points at the medical meaning I am no loner entitield to ESA. I am going to appeal this decision as I feel ATOS did not record the answers I gave in relation to my condition accurately.

I am preparing myself for a long battle ahead. I am very worried about the Tribunal as I have read they are open to the public, my problems are very personal and I certainly don't want Joe Bloggs wandering into my tribunal, does anyone know if I can request my tribunal to be heard in private and why are they open to the public? There is no way I would be prepared to discuss my health problems in front of the general public.

watsinaname

I've been to a tribunal and no they are not open to the public. The only other people there were the 2 people on the panel ... It went ok and not as bad as some have experienced.

stazi

Appeal Tribunals are courts of law, and are open to the public. However, as the attached leaflet says on page 19, you can ask the Judge to send out any members of the public to respect your privacy.
More info is here-
http://www.appeals-service.gov.uk/Documents/may09/tribunals_service_booklet_web.pdf

healy

As ever stazi is correct and the tribunal is open to the public but it is highly unlikely that there will be any members of the public attending. If people do attend it is usually people like CAB trainees.

valkyria_2

as to whether or not this type of tribunal is open to the public, is not something i could clarify, but over the years i have been to several dla tribunal and an education tribunal and have never come across a member of the publicwalking in of the street as they are not general knowledge and are not done in courts but usually rooms hired by or owned by tribunal, also prior to tribunal you are asked the names of people attending with you and for what relevance/reason for them to be there, because when people turn up without prior knowledge the chair asks the people who are bringing the case or defending it, if they mind them sitting in, but this is frowned upon by the tribunal, and rarely happens, so i cannot see how it can be open to the public for this reason :think: ?????

Katykat

HB, you can request a paper tribunal, where the appeal judges look at all the paperwork you have sent in ( appeal forms, letter from Dr's/hospitals etc, anything else to back up your claim) and they make their decision based on that. So, you dont actually have to attend the appeal. However- the statistics show that you have more chance of success if you do actually attend as they can see you face to face and you can say exactly what you want to say to them. Also, dont forget to request continuing payment of ESA at the basic assessment rate. This is paid to you pending your tribunal which at present can be up to 1 year in some areas. ( result of thousands of appeals). It is only £65 pw but if you win your appeal, you get the balance backdated from when it was stopped.

stazi

Katykat
"Also, dont forget to request continuing payment of ESA at the basic assessment rate. This is paid to you pending your tribunal which at present can be up to 1 year in some areas. ( result of thousands of appeals)".

The rules changed from 28/6/10 and this no longer applies.

ESA can now only be paid if the JCP Decision Maker accepts that there is a new incapacity, or a worsening, within 6 months of failing the WCA.

dreamylittledream

stazi wrote: »

Katykat
"Also, dont forget to request continuing payment of ESA at the basic assessment rate. This is paid to you pending your tribunal which at present can be up to 1 year in some areas. ( result of thousands of appeals)".

The rules changed from 28/6/10 and this no longer applies.

ESA can now only be paid if the JCP Decision Maker accepts that there is a new incapacity, or a worsening, within 6 months of failing the WCA.

That's for not attending the WCA not failing to score sufficent points.

ESA(IB) is paid at the assessment or appeal rate for the entire period up to tribunal decision.

Morglin

Hunnybear wrote: »

Good Evening,

I am a new forum user looking for some advice/info regarding the above. I was in receipt of ESA and was placed in the Support Group rather than the Work Related Group, it is my understanding that this seems to be the exception rather than the rule.

My ESA was up for renewal and I completed the questionnaire and shortly afterwards the medical with ATOS.

I was notified last week that I scored 0 points at the medical meaning I am no loner entitield to ESA. I am going to appeal this decision as I feel ATOS did not record the answers I gave in relation to my condition accurately.

I am preparing myself for a long battle ahead. I am very worried about the Tribunal as I have read they are open to the public, my problems are very personal and I certainly don't want Joe Bloggs wandering into my tribunal, does anyone know if I can request my tribunal to be heard in private and why are they open to the public? There is no way I would be prepared to discuss my health problems in front of the general public.

They are not public and just consist of three panel members who will listen to what you have to say.

You can take a friend/support or a legal rep (if you have one) in with you.

It is all confidential, so don't worry.

Lin

healy

Morglin wrote: »

They are not public and just consist of three panel members who will listen to what you have to say.

You can take a friend/support or a legal rep (if you have one) in with you.

It is all confidential, so don't worry.

Lin

The tribunals are public - see posts above for details.

The tribunal for ESA appeals consist of two panel members.

stazi

dreamylittledream

My post#7 is correct.
As I said, the rules changed from 28/6/10 and ESA is now no longer paid at an appeal rate when someone fails the WCA on points.

See attached DMG memo 33/10 para 20
http://www.dwp.gov.uk/docs/m-33-10.pdf