Esa stopped cos hubby moved in

[honeybee13]

im so worried that my hearing will be unsuccessful because i do not have a representitive , i read somewhere that if you did not have one your case is likely to be turned down

 

Hello there.

 

I don't think that's necessarily true. People with reps might have a better success rate, but I went there with my OH who wrote the submission document the sticky template is based on. He wasn't allowed to say anything, I answered the questions.

 

But we put the document in before the hearing so that the panel had something to consider. I don't think it's too late for you to do this.

 

HB

[estellyn]

im so worried that my hearing will be unsuccessful because i do not have a representitive , i read somewhere that if you did not have one your case is likely to be turned down

 

It's not really about having a rep with you, it's about the prep work that a rep would do for you, and the submission they would make arguing your case. These can be done, without a rep.

[RaeUK]

Crikey, don't worry about not having a representative. Some might be good but some are absolutely useless. Yep, I had one of the latter! You don't need one and you certainly will never be penalised for not having one.

[estellyn]

Yes, reps do very little at the Tribunal itself, the work is done in advance. Occasionally if a client hadn't got across all the info they needed to, or I felt something needed to be clarified, I'd do a few clarification questions to them at the end, but mostly everything is in the submission, and as long as what the person says is consistent with the submission, the ESA50, and the health professional evidence, then things usually go pretty well. Problems arise when the appellant starts contradicting what they've said previously, or seems inconsitent, and this is the biggest cause of failed appeals I've seen, where otherwise it would have been awarded, and there is nothing a rep can do to prevent this - for instance, if you've said you can't walk more than 50 metres and then say you do your shopping yourself in asda, or go on holiday abroad regularly, but don't need to use a wheelchair, then it's pretty obvious to a Tribunal you're not being truthful.

[banksarggg]

What annoyed me is since they wanted me to go to a medical in july 2012 they hadnt sent me a ESA50 form to fill out , which i thought was weird because i always thought you get sent one months before your medical but i never , and when i rang the dwp up and asked why i was not sent one , they blamed it on atos and that was that , my dla was automatically renewed without a need for a medical just before all this happened

thanks again all for your help

[banksarggg]

sorry to be a pain but because i cannot go to the tribunal is it less likely to go in my favour ?

[estellyn]

sorry to be a pain but because i cannot go to the tribunal is it less likely to go in my favour ?

 

If you ask for a paper hearing, yes, less likely to be successful. If you can swing a hearing at your home, then it should be the same chance as attending at the original venue.

[banksarggg]

Hi

my tribunal is on monday ,its for not attending a medical cos my carer,s son jammed his fingers in the car door she is the only one i can travel with , as i cant attend the tribunal it as its too far away so i sent in a letter saying that and also supporting evidence :

 

1: Orange Mobile Itemised Billing (i had it printed off the whole bill) : Proving phone calls were made to atos the first phone was to say couldnt make it and then they give another number to arrange another appointment which that number was rung 3 times and requested a call back each time ...never got back

 

2: a Letter Off My Doctor (he thought i wanted the letter to say i couldnt attend a medical and that i should have a home visit , it states on the letteri im aggraphobic , anxiety etc

 

3: A Covering Letter : i just stated that it was out of my hands that i could not help it that my carers son needed emergency treatment and that we did the appropriate things like notify Atos , and that she is the only one i travel with

 

Do You think that will be enough im so worried

[estellyn]

Discharge form from the carer's son from a&e to prove the incident occured?

[banksarggg]

Hi

i had my tribunal on monday the 4th febuary and its saturday and i still have not had any letter saying how it went

is it normal to wait a week for the letter can anyone help

thanks

[honour2012]

I waited over a week them I phoned the DLA and they told me the outcome, letter came a couple of days after I phoned.

[id6052]

decisions in post can often take up to a week or two

[Galeforce81]

Wow. My flatmate got his immediately. He was only in the tribunal for 5 minutes as well.

 

Really feel sorry for those who have to wait weeks for a decision. Don't know how you cope with the extra anxiety it must bring.

[Guest]

its a living hell waiting for the tribunal itself, I know as I waited nearly 18 months. I did win though and was told there and then.

[banksarggg]

i have been awaiting a letter to say how my hearing went after a week i rang just now and was told it didnt go ahead because of the distance as it was 127 miles from my home , now i already said to them to go ahead with a paper hearing but was just told "we tried to get in contact with you as they realised there was a place closer to your home we tried directory inquiries to get a number for you but its not listed" !!

i asked why wasnt a letter sent out to tell me this and she said a letter was sent out on the 8th (my hearing was the 4th !)

 

plus ALL the supporting evidence i sent in doctors letter , itemised billing etc has "Not" shown up (such a shock)..not

 

i asked what would happen now she said that i would have to await a new appointment and send in evidence again im so angry

is there anyone i can complain to ? and also i was told before a few times that evidence i sent in hadnt turned up but then spoke to someone different and they said it had

 

i dont know what to do

[abc123def]

Did you send the evidence recorded? Do you have proof it arrived there? I highly recommend that you do in future, so you have evidence that a) you posted it and more importantly b) they received it.

 

Hopefully you won't have too long to wait for a new date local to you

[banksarggg]

i thought you couldnt send it recorded , but thank you i deffo will next time

[banksarggg]

surely there must be someone i can help me to complain , it seems the CAB are too busy

[abc123def]

What exactly are you complaining about? What is the desired outcome of that complaint? As far as I can see you cannot change anything, what's done is done. The Tribunal is still to come and no decision has been made to complain about. I would save your energy personally, annoying how this must be. I think the CAB are innundated helping people complain about actual life changing decisions rather than lost post or a decision to hold a Tribunal locally so that you can attend even though you were not bothered about attending that's the trouble.

[banksarggg]

my complaint is that they cancelled it and wasted time when the upcoming new appointment could be for someone else to have there hearing earlier

[honeybee13]

Hello there. I have to agree with abc, I'm afraid, choose your battles.

 

At the end of the day, they may have done you a favour if you're able to attend at the new venue. Figures have been published saying that appellants who attend in person have a better win rate. And as I've said before, a tribunal chairman told my OH that it was much better for me to attend personally. It worked for me.

 

My best, HB

[id6052]

my complaint is that they cancelled it and wasted time when the upcoming new appointment could be for someone else to have there hearing earlier

 

if there had been enough evidence to allow your appeal, they would have

 

the fact that they have decided to rearrange it so you can attend indicates that they require more information from you, so are giving you chance to provide it

 

would you rather they had just rejected your appeal

[Chikan]

I totally agree they messed you around big time. And it is very frustrating. Jobcenter Plus do it to me on a regular basis.

But don't annoy the people who might ultimately help you. If the decision goes against you or it becomes apparent they are messing you around deliberately, then definitely complain if you think that will get you what you want or it might help others.

[banksarggg]

Hi All

 

my tribunal letter came today it says :

 

FIRST-TIER TRIBUNAL

SOCIAL ENTITLEMENT CHAMBER

 

Held At ......

Before JUDGE ...........

 

Decision Notice

 

1 : The Appeal Is Allowed

2: The Decision Made On 14/9/2012 Is Set Aside

3:The Tribunal is satisfied that .............has shown good cause for failure to attend

 

 

 

Questions i have is :

What do they mean that the decion is set aside on the 14/9/2012 ?

 

and what does "First Tier" mean ?

 

will my money be backdated ? because it doesnt say anything on the letter ?

can the DWP get out of not paying me ? like making me attend any medical before giving out payment ?

and if they do backdate how long does it take ?

 

any advice appreciated

thank you

[id6052]

Questions i have is :

 

1. What do they mean that the decion is set aside on the 14/9/2012 ?
   
2. what does "First Tier" mean ?
   
3. will my money be backdated ?
   
4. because it doesnt say anything on the letter ?
   
5. can the DWP get out of not paying me ?
   
6. like making me attend any medical before giving out payment ?
   
7. and if they do backdate how long does it take ?
   

 

 

1. The tribunal is stating that the DWP decision which was made on 14/09/12 is being overturned
   
2. There are 2 different levels of appeal tribunal that deal with social security. When you appeal against a DWP decision, the appeal is heard by a first tier tribunal. If you appeal against a first tier tribunal is goes to the next stage which is an upper tribunal.
   
3. Without knowing what your appeal was about, I am not sure
   
4. Without knowing what your appeal was about, I am not sure
   
5. Without knowing what your appeal was about, I am not sure
   
6. Without knowing what your appeal was about, I am not sure
   
7. How long is a piece of string, it will depend upon your appeal and whether further information is required
   

Edited April 19, 2013 by id6052