ESA tribunal in 5 weeks

[dj55]

Hi all i have been claiming esa since may 2009 and failed my esa medical last summer.

 

i've sent all my medicial evidence of,just waiting for solicitor

to send me her report.

 

 

do they ask questions or make you say your bit.

 

is the pass rate more succesfull at tribunal?

 

anyone had their hearing yet? experiences please!

 

thanks in advance

[honeybee13]

Hello there. May I humbly suggest you read my sticky on this forum, 'Going to a Tribunal....'.

 

If it doesn't answer all of your questions, please post the ones you're still worried about once you've read it.

 

HB

[loan_ranger]

Hi all i have been claiming esa since may 2009 and failed my esa medical last summer.

 

i've sent all my medicial evidence of,just waiting for solicitor

to send me her report.

 

 

do they ask questions or make you say your bit.

 

is the pass rate more succesfull at tribunal?

 

anyone had their hearing yet? experiences please!

 

thanks in advance

40% of WCA refusals are revised in the claimants favour, this rises to 70% if they have a welfare rights rep. with them.

 

As to your other questions, do yourself a favour and follow honeybee's advice:

May I humbly suggest you read my sticky on this forum, 'Going to a Tribunal....'.

http://www.consumeractiongroup.co.uk/forum/benefits-tax-credits-minimum/251737-going-tribunal-some-useful.html Edited June 30, 2010 by loan_ranger

[dj55]

thanks just had a read of it all very helpful fingers crosseed i win lol

[doktorjohn]

How important is it to be represented? My only chance is someone from the CAB but they said they don't know if anyone can come.

 

I've sent in a great case on paper with supporting evidence from my Dr. and I feel I can cope with questions. It just bugs me that the percentages go up so much if you have someone to represent you.

 

I don't want to stretch the CAB more than they are and there is no-one else, I even asked my Housing Association.

 

dj

[grahamdavid31]

My tribunal was very recently. The people present,doctor and solicitor were nice. But, they will only take your health conditions from the ATOS Medicial when it was performed. So, say your health conditions have got worse since, then this is not taken into account. I, found this very unfair. Take as much paperwork with you as possible to prove your health conditions and how they effect your life. Take someone with you. If, you feel that the outcome of the tribunal was unfair then write back to the tribunal service and ask for a fresh decision to be taken. Also ask for a state of reason. Keep fighting until you hopefully get the result you need. I feel the tribunals are placing most people into work groups, so that people canbe placed back onto the dole long term. My tribunal gave me 18 points and I was placed into a work group, but I put in an appeal with the tribunal service immediately and currently waiting to hear from them. I have proof the ATOS Doctor made mistakes. My MP is involved. I am not sure how things will go.

Anyway good luck with the tribunal. Best wishes.

[osdset]

My tribunal was very recently. The people present,doctor and solicitor were nice. But, they will only take your health conditions from the ATOS Medicial when it was performed. So, say your health conditions have got worse since, then this is not taken into account.

 

This can even go against you, the panel could take the view that whilst you did not qualify at the WCA, you feel that you do now, in which case it should be a fresh claim rather than an appeal of the old one.