ESA tribual help

AlisonHarrison

I have written before about a friend who is claiming ESA.
She has asked for my help as I have been claiming incapacity benefit for some years and now I think it has been transferred to ESA.
She claimed and submitted sicknotes. She went for an assessment in September and they said she had 0 points. She appealled against this in October and they reviewed the decision just before Christmas and it is now going to a tribunal.
She has been asked whether she wants to go to the tribuanl or not.
Has anybody had any experience with these tribunals and whether or not they work.
I did not realise she had submitted the appeal on their form and wrote a letter for her in November giving reasons for the appeal. (She had forgot she had filled in the form)
Will this letter have been taken into account when they reviewed their decision.
Will this and any further letters written be seen by the tribunal?
Do you submit further evidence in writing before the tribunal or at the hearing itself?
Any thoughts much appreciated.

Turn2us

Your friend will get to make a 'submission' prior to the tribunal where she can include any additional information and further evidence to be considered. The Tribunals Service will not set a time for the appeal hearing until this submission is received.

Your friend does not have to attend the tribunal hearing in person but she is far more likely to be successful in her appeal if she does.

Disability Alliance . org has a comprehensive fact sheet on preparing for appeals (factsheet 11)

Hope this helps

atrixblue.-MFR-.

anything that the esa decision maker has seen the tribunal will see as it we be part of the claim and bundle papers. you can request all of her claim forms and ESA atos medical forms by contacting ESA by letter (recorded delivery) and asking for them to be sent to her.

when you search the internet about these tribunals they come accross very negative, this is because people need advice as the tribunal refused and many dont post how successfull they were, the panel are not part of the DWP in any way! the panel is made of a district judge,a GP/consultant/, solicitor or other party they will introduce themselfs as you get into the tribunal room. there maybe a DWP representative who is reprasenting the DM (decision maker) and the DWP itself and NOT part of the tribunal panel.

it's best to collect all evidence, that is relevant and of the time of the claim when submitted to the DWP, consultant reports health profesional reports,GP report and letters supporting the condition, it's also advisable that you seek a experienced reprasentative from CAB (if available) or get advice from them, or another advice centre that can help you through the process and help send any evidence that you have the correct way.

favourable witness statements can help at times from friends and carers on how the condition affects every day to day living and care needs and or mobilty needs.

an oral hearing is best as a written submission hearing has a less chance of making it successfull.