Tribunal advice

coin_operated_girl

Hi everyone,

Just looking for a bit of advice. I received two letters today telling me that my IB appeal and my ESA appeal will be heard next month. Is this just done as one tribunal or will it be two separate ones on the same day?

When I put in the IB appeal (Oct 2010) and the ESA appeal (Jan 2011) I was definitely not fit to work at all (in my opinion). However my condition has steadily improved over the last couple of months and I think I am probably capable of working part time, so how does that work? Do I need to mention this in the tribunal? Ive got a job interview a couple of weeks before the tribunal, its just 16 hours a week as that is all that I feel I can manage right now. I know to get ESA you have to work 15 hours or less so if I do get the job obviously I wont be able to claim ESA any more, so do I need to mention this in the appeal if I get the job? Or do I just cancel my ESA claim if I get it?

Am I right to still go to the appeal even though I think I can work now? My condition has only improved relatively recently, but at the same time I don't know if I need to be on ESA anymore- I won't really know until I find a job though, as I think I am capable of working some hours, but whether its 15 hours or 20 hours, I won't really know until I try it. Its not like my condition has magically disappeared, its just improved a bit.

I guess what I am trying to get at is do I do the appeal as if I am not capable of working more than 15 hours (which was the case when I originally put in the appeal) and then as soon as I get a job that is more than 15 hours I come off ESA? or do I say that I wasn't capable of working but now I think I am, but I am not sure how many hours? I don't want to pretend that my condition is as bad as it was, because its not, but on the other hand my GP said to keep claiming ESA until I know I am capable of working more than 15 hours...sorry if I haven't explained that very well, hopefully you will understand what I am getting at.

My representative was supposed to be my long term partner, but unfortunately he left me a couple of months ago so now I am going to be doing it on my own and I am pretty worried about it all. The CAB won't provide me with a representative as my condition is quite rare so they haven't dealt with anyone with it before and they only provide representatives to cases where they know 100% they will win, which is fair enough. My ex was dealing with the whole appeal process so I feel really lost now, I don't really know what I am supposed to be doing, so if anyone has any general tips/advice then I would appreciate it.

Sorry if this doesn't make much sense, I keep having panic attacks when ever I think about it.

TIA

jonty1970

My opinion is, you should not tell them how you feel right now.
At the time of the ATOS medical, you were too ll to work. The tribunal is only about - How your health was at that time - Not how you are now.

When you do get a job, then you can just come off ESA

suelees1

yes as has been said the tribunal is looking at how you were at the date of the decisions for these benefits. You will need to put in your own medical evidence otherwise you're unlikely to have either of the appeals upheld.

cit_k

I dont know if both tribunals will be heard same day or not, you can always ring up the tribunal service to ask what is going to happen.

Just be honest, the tribunal will explain and ask the questions they wish to ask.

They are, as has been said, interested in how you were at the time of the decision, not how you are now.

It does not hurt, to throw in the occasional reminder, if they seem to 'forget' that and ask a question like that relates to the now (ie, how did you get hear today, or how are you today, I would answer with the truth, but then say, but back then I would have been feeeling XYZ, or got here another way etc).

Just be yourself, and answer as best you can, and listen carefully to what they ask you.

Tribunals are not really as scary as you might imagine usually.

NASA_2

It wont be one tribunal but the tribunal service will still link the two appeals in such a way that if the IB appeal is succesful then the ESA appeal becomes null and void because you then have a valid claim for IB again. If the IB appeal fails then they will hear the ESA appeal.

coin_operated_girl

Sorry I didn't make it clear, the tribunals are both scheduled for the same day and they both say "please make sure you arrive by 14:00. The appeal will be heard at this time, or as soon as possible after it", so I guess I will have my IB appeal and then if I am found fit for work I will then have the ESA appeal straight after?

My condition is quite complex and most people aren't very familiar with it (in fact my GP even sent a letter to ATOS for me saying that in her opinion I should only be assessed by a neurologist specialising in my condition because even as a GP she would not be qualified to assess me- of course this was ignored), so I'm a bit worried that I am not going to be able to get across how my condition affects me, do they give you plenty of time to explain everything, or do they just ask you a few question and then make a bunch of assumptions based on those questions like in the assessments?

Finally, I've never been to anything like this before. What should I wear? Should I dress smart or doesn't it matter?

Thanks

NASA_2

Yes, one will be heard after the other, only if the IB appeal fails.

You dont need to do anything special with how you dress.