ESA appeal tribunal in two weeks .. have a few questions ..

jasonwatkins

been waiting since last october for my tribunal and wasn't actually expecting a date until around january but I got a letter yesterday saying i'm due up in two weeks, so i'm doing my nut a teeny bit and i apologise if these are daft questions

would i be allowed to ask the "medical professional" if he or she is sufficiently versed in my medical condition ?

and, if not, would i be allowed to ask for a postponement until someone sufficiently qualified is available ?

is there any kind of dress code, since it's potentially a court-type environment ? i don't actually own a suit .. or any 'work' type trousers either.

thanks in advance

Cpt.Scarlet

Yes

No

Wear what your condition allows you to wear normally.

rogerblack

You will not be allowed to reject the medical professional based on their qualifications. In principle, you can question them on this, however you want to think if it's worth doing this, and possibly setting things up on the wrong foot - when you can't do anything about it.

As to dress, don't turn up naked, and you're basically fine.
Dress as you would on any normal day.
Making a special effort misleads the tribunal.
http://www.youtube.com/watch?v=2pNKg6diFh0 you may find useful.
This is a video explaining the ESA tribunal process originally produced by the tribunals service.

jasonwatkins

thanks for the replies. i've bookmarked the video and i'll watch it later on. to be honest, i'm not expecting anything out of the tribunal really - the CAB have already closed my case as they don't think i have any chance of overturning the decision, but I'm determined to see it through out of principle if anything.

rogerblack

jasonwatkins wrote: »

thanks for the replies. i've bookmarked the video and i'll watch it later on. to be honest, i'm not expecting anything out of the tribunal really - the CAB have already closed my case as they don't think i have any chance of overturning the decision, but I'm determined to see it through out of principle if anything.

If you are willing to share more details, you may find the responses useful.
There are futile things to challenge the decision on, that you're guaranteed to lose.
It's not too late to submit fresh evidence.
This can in principle be done on the day, but you should supply it at least a week in advance.

Muttleythefrog

Jason.. as above regarding your questions. Your chances... well focus on the descriptors.. they're all that matters... try to make a case for the ones applying that you feel do. Any supporting evidence you have could be useful but it sounds like that issue may have run its course.

In terms of your medical problems... be aware obviously that (unless in exceptional cases) the conditions themselves won't lead to meeting the descriptors but the effects of your illnesses/disability... and that's why arguably there isn't a requirement for specific medical expertise in assessing your entitlement.

If appeal fails you may be able to reapply for, and get payment of, ESA under cover of more doctor 'sicknotes' as more than 6 months will have passed since the DWP decision you appealed against.

Pippin12

I'm sorry, I have no advice to offer, I just wanted to wish you all the very best of luck.

jasonwatkins

Thanks again for the responses. The only reason I was initially reluctant to mention my condition is that I was given quite a rough ride over it on this forum before and I didn't really fancy that

Anyway, I suffer from Sleep Apnea. The 'accepted' treatment is the CPAP machine but i have a long history of having a great deal of difficulty with tolerating the machines, which has certainly been the case for the past few years. So I subsequently experience all of the side effects on a daily basis - the tiredness, forgetfulness, headaches, depression .. all of that and more.

I did submit some new evidence only about 6 to 8 weeks ago after another appointment at the hospital which was received and logged. I'm going to see, I think, a psychiatrist, on tuesday and i'll certainly see if i can get some kind of written summary of the appointment, but obviously it'll have to be before friday so I can submit it in time, which is going to be a stretch with the NHS

I've been getting sick notes since last year and I'm currently covered by my latest one until october as well.

rogerblack

You should probably be aware of http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CC8QFjAC&url=http%3A%2F%2Fwww.rightsnet.org.uk%2F%3FACT%3D39%26fid%3D9%26aid%3D388_3VCj8vkOdZKFRfTB5Ha1%26board_id%3D1&ei=tKlDUImHJYes0QW2xIHIBA&usg=AFQjCNErM7k7ALbNFCPpn5966epMKDJMAw&sig2=nGubVgo5JUYEp6NK6ED2yQ which is an unhelpful decision that sleep apnoea should never gain you any points under the 'consciousness' descriptor.

jasonwatkins

rogerblack wrote: »

You should probably be aware of http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&ved=0CC8QFjAC&url=http%3A%2F%2Fwww.rightsnet.org.uk%2F%3FACT%3D39%26fid%3D9%26aid%3D388_3VCj8vkOdZKFRfTB5Ha1%26board_id%3D1&ei=tKlDUImHJYes0QW2xIHIBA&usg=AFQjCNErM7k7ALbNFCPpn5966epMKDJMAw&sig2=nGubVgo5JUYEp6NK6ED2yQ which is an unhelpful decision that sleep apnoea should never gain you any points under the 'consciousness' descriptor.

Thanks for that. I was already aware of the, I suppose, "attitude" towards Sleep Apnoea, but I hadn't actually seen the specifics of that case. The opinion appears to be that since Sleep Apnoea is a condition that affects your sleep, it doesn't "count" during the day and is apparently only "natural tiredness".

Obviously if the "medical professional" that I will see exhibits a similar knowledge of the condition as whoever wrote section "D" in this report, then it might not even be worth me turning up ..

But anyway, that's another debate for another thread I suppose. Thanks again.

jasonwatkins

Well now, this could get interesting. I've just spoken to one of the doctors in the respiratory department at the Royal Brompton Hospital, where I've been treated over the years, and I summarised the tribunal ruling that rogerblack helpfully found for me. I said that it was my belief that it was a medically incorrect decision because the daytime problems you experience with Sleep Aponea are directly related to the night time problems and cannot be merely dismissed as "natural tiredness" and he actually agreed with me.

I asked him if it was possible to get something in writing to confirm this and he's going to speak to one of the respiratory consultants tomorrow to see what he can arrange, but that it shouldn't be much of a problem (hopefully..).

So my question is this: If I can obtain such a letter stating that the tribunal decision is, in fact, medically incorrect, would it be worth submitting it as evidence beforehand or would it be worth taking it along on the day ?

Obviously that decision may well be out of my hands if I don't get the letter in time, but if I do, I would obviously want to "use" it in the most effective way so would it be better to kind of keep it in reserve for the point where i'm told that it's nothing more than "natural tiredness" so I can then say "Well actually, I received this letter just this morning that says that's not actually accurate .." ??.