My upcoming tribunal help/advice please

mejjo203

Hi there, I have my esa tribunal coming up on November 6th, I wanted to express my worries and concerns here to see if someone might be able to put my mind at ease a bit. My original assessment was due to pain after having hernia surgery, this is what they failed me on and found me fit for work, I'm mainly worried about what evidence to take with me. My gp isn't the same that was helping me with my pain as he left and the gp I have no isn't actually aware of the whole situation properly, I haven't got any letters from him for the tribunal, the receptionist at the surgery said there would be a charge and I simply cannot afford that.

The long and short of it all is, I'm going to the tribunal with mostly my own verbal views on how I'm effected on a daily basis and a few disagreements with what was on the atos report. I'm worried that I just simply don't stand a chance without proper evidence, I don't have a current diagnoses as they are still unsure what is causing the pain, I have had an x Ray as doctor wanted to check my hip area was ok and also I'm on pain medication.

It seemed atos didn't even believe I've had surgery so shall I take the papers from hospital stating I did? Along with the x Ray papers to.

I've been unsure what to do and thankfully I have my wife to help, I guess I'm just worried that I don't have much papers to take with me to my tribunal.

Indie_Kid

Have you gone through the descriptors to see which ones you fit? That's all they care about.

Torry_Quine

You should contact your local welfare rights organisation who may be able to help although it's very short notice.

mejjo203

I have looked at the descriptors yes, my condition throughout this year became worse as I don't go out the house very much now, I start to have panic attacks when out of home even if it's going to family members. Being I don't know why just being around people puts me in such a bad way I wish I wasn't like this. I recently been told about the welfare rights and I too thought it was too late.

I don't meet the requirements for jsa and I'm terrified if I lose the tribunal I'll have to go through the whole process again.

Indie_Kid

The tribunal only look at your condition at the time you were assessed.

pmlindyloo

Have a read of this:

http://www.disabilityrightsuk.org/appeal-hearings-and-how-prepare-them

and click on the link - Fact sheet F31 - ESA overview for the descriptors

mejjo203

Indie_Kid wrote: »

The tribunal only look at your condition at the time you were assessed.

Even going on my condition at time of wca I strongly believe the dwp made an error not awarding any points, after I looked at the descriptors, that's why I'm appealing, I spend most of my day laying flat as standing and sitting just causes too much discomfort. They didn't seen to understand any of this when giving me 0 points after atos medical.

Mardle

mejjo203 the tribunal panel will consist of a medical expert and a legal expert. The doctor will question you about how you were affected at the time of the medical.

Is your wife going in with you?

mejjo203

Mardle wrote: »

mejjo203 the tribunal panel will consist of a medical expert and a legal expert. The doctor will question you about how you were affected at the time of the medical.

Is your wife going in with you?

Yes my wife is going with me, not sure about in the room as we will have our 2 year old with us, Don't know if they will not allow that.

Mardle

I don't think they will allow your 2 year old in. If your wife was able to go in with you she would have the chance to add anything she thinks might help your case. Is there any chance of someone looking after your child?

Don't get too fixated on the descriptors. I've been with my daughter to tribunals and she has won each time despite the fact that she will never get any points on the medical in its present form.