Tribunal

mum_of_lewis

Hi,

Well my tribunal for my son is on thursday:eek::eek::eek: i am so nervous especially when the guy from cab cant come with me anymore:(, However i will go regardless as i believe lewis is entitled to some sort of help as he has more care needs than an average 8yrs old. He has Severe scoliosos and type 1 diabetes. I am wondering if anyone has been in the same position ( going to tribunal alone and winning). Im so nervous but i need to be strong.

Any advice on tribunals would be great.

Thanks
Janette and Lewis xx

the_rottweiler

I had my ESA tribunal on thursday having failed to atos medical last june.

There was a clerk of court, a lawyer and a doctor there and everyone was lovely (I was rattling with nerves) as I had no legal representative or paperwork.

The lawyer said that they could only base a decision based on how I was last June and no new evidence would be considered. The problem is that last June I was being treated for depression and I thought the pain was a psychosomatic symptom, not that the other way round

They gave me a copy of the report from last year and the doctor asked all the questions, and I answered honestly that most of the depression appeared to be pain related, and it now made sense with the RA diagnosis in January, I was also asked which meds I am on.

After about 20 mins or so they thanked me and asked me to leave the room and they would call me back when they had a decision. Idiot that I am I took this to mean go home and they would write to me.

I was waiting for the lift when the clerk came to get me to say they had a decision and they wanted to see me again.

On the way back in the room the clerk said to me that I had done really well, I went back in the room and they told me that the decision went in my favour and my appeal had been granted

Please dont worry if you dont have paperwork as they will provide you with a copy, but if you cant get a legal representative, just bring a supportive friend.

Geri xxx

Richie-from-the-Boro

mum_of_lewis wrote: »

Hi,

Well my tribunal for my son is on Thursday:eek::eek::eek: i am so nervous especially when the guy from cab cant come with me any more:(, However i will go regardless as I believe lewis is entitled to some sort of help as he has more care needs than an average 8yrs old. He has Severe scoliosis and type 1 diabetes. I am wondering if anyone has been in the same position ( going to tribunal alone and winning). Im so nervous but i need to be strong.

Any advice on tribunals would be great.

Thanks
Janette and Lewis xx

Jan,

A tribunal is a committee of people who explore [ inquisitorial role ] if Lewis has enough care and mobility needs to entitle you - his carer to additional help on his behalf. Just treat them the way you wish they would treat you. Swot up on his care & mobility needs and make a heart felt motherly case. Much is said in these groups about how bad a tribunal is but you must consider 99% of those who post their opinion have lost .. .. we never hear from the thousands who have been successful. Last time I looked in Jan this year 50% of appeals were successful.

Oral evidence at a hearing is worth magnitudes more than a reliance on any paper evidence in support of your application, if you feel more comfortable take a friend and don't worry they see nervous people each day of the week and will make allowances for you.

rogerblack

the_rottweiler wrote: »

I had my ESA tribunal on thursday having failed to atos medical last june.

The point you raise about it being how you were then, not now is important.

I've seen another forum of benefit professionals, where the tribunal asks 'are you better or worse now' - and the client often answers worse, assuming that it's going to cause them problems with benefit now if they answer better.

The tribunal is only concerned with your heath at the point the original decision was made - don't fall into this trap, as of course if you're worse now, you were better then, and they're going to base their decision on you being better then than now.

wattdallas

mum_of_lewis wrote: »

Hi,

Well my tribunal for my son is on thursday:eek::eek::eek: i am so nervous especially when the guy from cab cant come with me anymore:(, However i will go regardless as i believe lewis is entitled to some sort of help as he has more care needs than an average 8yrs old. He has Severe scoliosos and type 1 diabetes. I am wondering if anyone has been in the same position ( going to tribunal alone and winning). Im so nervous but i need to be strong.

Any advice on tribunals would be great.

Thanks
Janette and Lewis xx

I would also take your son with you.Oh how many degrees is his curve ?:(

Interested because my daughter has the same and had surgery.

Good luck:)

mum_of_lewis

Thanks everyone, his curve is 67 degrees, He wears a back brace 23 hrs a day makes it impossible for him to tie shoe laces,fasten his trousers. he also needs help taking the brace on and off.

Thanks Again

Janette xx

wattdallas

mum_of_lewis wrote: »

Thanks everyone, his curve is 67 degrees, He wears a back brace 23 hrs a day makes it impossible for him to tie shoe laces,fasten his trousers. he also needs help taking the brace on and off.

Thanks Again

Janette xx

Awww .I just hate those braces even though they slow the process down.

mercman1969

We went to tribunal in January alone
I have to say that the whole process was quite pleasant

The panel of 3 consist of a doctor, a lawyer and a disability specialist

We were given the oputunity to make a statement and literally told them how our daughter was and what a normal day was like

Out of it they also actually asked why we hadnt been awarded low rate mobility and made a point of putting it on the paperwork

Be confident and simply tell them how it is.....good luck, am certain you will be fine

mum_of_lewis

thanks so much.. your reply makes me feel a bit better! everytime i think of thursday i feel sick!!

I will update to let you all know.

Thanks Again
janette and Lewis x