ESA appeals

ankspon

Can anyone who has been through the tribunal process let me know what there experience is,how long it took,what they asked you to do,did you take anyone with you etc.Do they make decisions on the specified criteria for ESA support group or do they use a bit more common sense,i do fit the criteria but am still worried,thanks.

lemontart

It took a year to get to tribunal, with atos or dwp failing to provide them with all papers, yes you can take someone with you and make sure you keep and take copies of everything with you to the tribunal - my daughters lasted about 20 mins if that but we gave them all the papers including a report from her gp and were asked to wait outside about 10 mins later called back in to be told we had won, - dwp did not even bother to send anyone so just a legal bod and a dr.

Normal to be worried but take care deep breaths and do take someone with you for support

Grogg

OH had to wait about 5 months for his appeal to be heard. He took a friend and supporting documentation including a report from his GP and letters from his previous employers medical officers.

It was just 4 of them around a table with the doctor asking the most questions. It lasted about 40 minutes.

They did feel they were constantly trying to catch him out with leading questions and then said they would write to advise him of their decision.

earthbound_misfit

Make sure you get as much supporting evidence as possible - from GP, consultants, support workers/carers etc. You can send all this is as soon as you get it, but send it 'signed for' delivery, and make sure you keep copies. Take copies to the tribunal in case.
Good luck!

ankspon

Sounds worse than a job interview

mynameistallulah

ankspon wrote: »

Sounds worse than a job interview

Whilst it is relatively informal, you have to remember that a tribunal is a court of law. In that respect, the panel will be looking at the descriptors very closely, and will not reach a conclusion based on "a bit more common sense".

rogerblack

mynameistallulah wrote: »

Whilst it is relatively informal, you have to remember that a tribunal is a court of law. In that respect, the panel will be looking at the descriptors very closely, and will not reach a conclusion based on "a bit more common sense".

The descriptors are the absolutely most important part.
In some cases, they can be nonsensical.
For example, someone whos only disability is inability to put their arms into a upper shirt pocket is entitled to the support group.

The tribunal is supposed to investigate if you meet the legal criteria for ESA.
This is not the same thing as 'no reasonable employer would ever consider employing them'.

They have very limited wiggle room in going beyond the narrow wording of the descriptors - hence it's a really good idea to properly understand these.

_HOWEVER_ - an important note.
Early on in the process, you will be asked if you want an oral hearing - at which you turn up.
In almost all circumstances you should say yes, even if it's going to be difficult for you.
People who turn up (or have th tribunal come to them) have a much better success rate.