ESA Tribunal from Hell !!!

constantworrier

Had my Tribunal hearing on 1st August and it was horrendous. The Judge was firing questions at me so fast and contradicting my evidence, it was like a criminal interrogation. I had a letter from my Dr explaining my various illnesses and the Tribunal Dr held it up and said " This letter is from July 28th this year so it's no good ". The other medical records that I sent were also no good because they weren't recent enough, my God, I couldn't win !!!. I was treated like a big liar. Near the end of the interview the Judge said, your hair is nice, it's nicely coloured. I said my hair is not coloured it is natural grey. She asked about the friend who came with me, their name, where they lived. I said they don't live in my Town, they came to visit me to help me attend and then she said and how long have they stayed with you and when do they go back and how did they travel to your house. I felt so intimidated that I couldn't cope any more and she ended the meeting saying, "Well you managed to sit through this hearing for 55 minutes." What choice did I have ? Anyway decision letter arrived today and I knew already it would be refused. I feel so desperate.

paragon909

So what was the end result?

Maybe you should have gotten a representative to talk and answer questions on your behalf. Normally it's the doctor at the tribunal who asks questions etc regarding health. And the judge just applies the law but will also ask questions.

I guess you could make a complaint if you feel hard done by, But this won't allow for another appeal, If you were refused then you would need a statement from the judge and get a legal expert who knows the law surrounding ESA to make sure the law has been applied correctly. Otherwise you're at the end of the road.

constantworrier

Didn't have time to get representation, the welfare rights didn't have any appointments until Aug 16th and I had an appeal before that I waited 9 months for so I thought I had plenty time, this appeal came after 3 months.Appeal was refused.

LocoLoco

Sorry to read this, constantworrier, the situation at the moment is just horrendous and I had an awful tribunal hearing a few years ago regarding my son. It's one thing to examine rules and regulations but another to humiliate and degrade people whilst you do it. I don't have any practical advice, I'm afraid, just wanted to say I'm sorry you're in this situation now and I hope someone is able to do something to help you x

constantworrier

LocoLoco wrote: »

Sorry to read this, constantworrier, the situation at the moment is just horrendous and I had an awful tribunal hearing a few years ago regarding my son. It's one thing to examine rules and regulations but another to humiliate and degrade people whilst you do it. I don't have any practical advice, I'm afraid, just wanted to say I'm sorry you're in this situation now and I hope someone is able to do something to help you x

Thank you LocoLoco x

constantworrier

paragon909 wrote: »

So what was the end result?

Maybe you should have gotten a representative to talk and answer questions on your behalf. Normally it's the doctor at the tribunal who asks questions etc regarding health. And the judge just applies the law but will also ask questions.

I guess you could make a complaint if you feel hard done by, But this won't allow for another appeal, If you were refused then you would need a statement from the judge and get a legal expert who knows the law surrounding ESA to make sure the law has been applied correctly. Otherwise you're at the end of the road.

Thank you paragon

NYM

It totally beggers belief that a letter dated Thurs 28th July, by Monday 1st August, it's out of date???

I'm so sorry you've gone through such an horrendous experience

missbiggles1

Yes, it is incredible, isn't it?

constantworrier

NYM wrote: »

It totally beggers belief that a letter dated Thurs 28th July, by Monday 1st August, it's out of date???

I'm so sorry you've gone through such an horrendous experience

Thank you NYM. I know, it's disgusting.

Icequeen99

NYM wrote: »

It totally beggers belief that a letter dated Thurs 28th July, by Monday 1st August, it's out of date???

I'm so sorry you've gone through such an horrendous experience

Not necessarily. It depends on what was in the letter and what the date of decision in the case was and how the OP's condition has (or has not) changed since the date of decision.

IQ

constantworrier

Icequeen99 wrote: »

Not necessarily. It depends on what was in the letter and what the date of decision in the case was and how the OP's condition has (or has not) changed since the date of decision.

IQ

Esa decision was in April. The Doctor explained all of my conditions from before and up to the decision and stated that all of those conditions were relevant then and still are. The only difference was that since the esa medical I have been diagnosed with Fibromyalgia, and that didn't count as it was diagnosed after the medical.