Advice ESA Tribunal/Appeal

Supahpossum

Quick background history;

My partner has been on ESA since 2009, when I was made redundant in 2010 it was changed to a couple's allowance. He suffers with depression, anxiety, high blood pressure and has problems going out, answering phones and the front door. His first assessment with Atos went just fine and he scored enough points to stay on ESA. For the second assessment it was a different matter. He scored a 0. I filled out all the forms, stating I had done so, made all the phone calls etc and we had to arrange a home visit as my partner couldn't attend the assessment centre due to his anxiety. After being told he scored 0 we appealed (with much help from the forums and advice here) and 10 months later we've been given a letter to say it's going to a tribunal. I've just sent off the form to say yes we want to appeal and we will be attending.

A few questions;

My partner has had a lot of family issues since the assessment; his mother had cancer, his father nearly died and a close family member passed away. This has made his depression worse. He's about to go to the doctor and ask for help with depression, possibly needing pills. Do we need to add this to the appeal or is it based on his circumstances last year?

Do we need a representative, and if so where do we go to find one?

What additional documentation do we need to take with us to add to our appeal? Do we need doctor's notes, letters etc or is it mostly based on what we tell the tribunal?

Will they allow me to speak on my partner's behalf at the tribunal, as I do most of the things he can't do (such as make appointments, answer phone calls, fill in forms etc) ?

Is there anything else we need to do to prepare?

How bad is the tribunal? The leaflet suggests it is an informal chat round a table but I'd like to reassure my partner before we go in case he has a panic attack or something.

Thanks in advance

rogerblack

Watch https://www.youtube.com/watch?v=2pNKg6diFh0 - this a video by the tribunals service, it's useful and explains the process.
The tribunal will generally want to talk to your husband, not you, though you may be able to answer questions or clarify things - it depends on how the tribunal views it.
The tribunals decision is based only on the condition at the time of the original decision.
The idea is that it is deciding as if it was sitting in the original decision-makers seat, at the time they were making the decision.
It can make any decision that the original decision maker could have made, and that decision takes effect from the original date.
If your husbands condition has worsened - you would need to report this, in order to get an updated award.
However, if you do report a change in condition now, and are put back in the work-related group, then the tribunals award if they decide you are entitled to the support group would be limited until the date of the reported change of circumstances.

HB58

You should really have provided any/all documentary evidence ahead of the tribunal date. If you must provide anything on the day, make sure it is only a couple of pages and give copies of this to the Clerk of the Court when you arrive.

Katykat

Supapossum, it isn't always an informal chat around a table. In my town, the tribunals are held at the County Court. It involved an airline type security check and then I had to wait in the public area. The actual appeal was then in one of the court rooms, the judge and Dr were on a raised platform and I was sat on my own in the front row. I'm not trying to scare you, just telling you my experience. Other areas of the country may well be more informal. It might help if you can find out what the procedure is in your town. I was prepared for this at my second tribunal and wasn't quite as anxious as I knew what to expect. Luckily they rang me a couple of hours before to say that I didn't need to attend as they had already made their decision and awarded my appeal.