Tribunal next week

Patronus

Hello there,

My Mum is going to a tribunal next week for ESA. She was being moved from Incapacity to ESA and failed the medical, scoring 0 points. (:think:). This was last September, she got the letter in December saying she failed the medical, so then appealed and got her date a couple of weeks ago.

They also sent me a letter with the tribunal date - I'm not sure why. Is it because I'm her carer? I'm going with her anyway, so.

Anyway - my main question is, what can we expect? She's an extremely nervous person and a worrier, so she's worrying that it will be heavy and they'll be accusing. I've heard the tribunals are generally quite easy-going and the doctors are understanding.

Is there a website or can anyone give me some advice on what to expect and what kind of questions to expect? Will they ask me questions? And if she wins, will they back date it all the way back to September? (She is on the assessment rate at the moment.)

Sorry for all the questions. Also, she sent off all her medical information last week and today we both received copies back in the post. :huh:

Thanks for any help, appreciate it. :beer:

Muttleythefrog

There's good advice probably already in threads you could search for on MSE.. but actually there is a video from the tribunals service themselves that seems to keep being removed from youtube.
http://www.youtube.com/watch?v=2pNKg6diFh0
Some people have bad experiences of tribunals but I have to say that regarding ESA they're rarely reported in comparison to good experiences. Be honest, and if she does have difficulties there then so be it... the tribunal will want to see her reality.

Regarding you getting letter.. you might have been named as a possible attendee to the tribunals service?

Additional monies owed will be backdated as if the decision the tribunal takes applied instead of the negative DWP decision. (Only if it was a new claim for ESA would this not be the case (would instead apply at beginning week 14)... and this isn't as such a new claim but rather a transferred claim)

Sent off medical information last week? Do you mean medical evidence was sent to tribunals service? If so be aware that the tribunal is trying to redetermine the DWP decision and therefore the evidence must be applicable at that time... i.e. if last week she broke her neck then the tribunal wouldn't consider that for their decision as she didn't have a broken neck in September.

Focus on the descriptors... they're all that matters... have a good idea of which descriptors apply to her and be prepared to give relevant information.

If things do go well and she wins then it is likely the tribunal will give that decision the same day. However it should be noted the DWP seem to be administratively lagging in dealing with tribunal results.. months in some cases.. and so if she is getting assessment rate ESA under cover of sicknotes it is important she keeps sending in her sicknotes to keep that payment being made until the DWP get their finger out.

Patronus

Muttleythefrog wrote: »

There's good advice probably already in threads you could seach for on MSE.. but actually there is a video from the tribunals service themselves that seems to keep being removed from youtube.
http://www.youtube.com/watch?v=2pNKg6diFh0

Thank you, I'll take a look later!