ESA Appeal Hearing

[Jogon]

at the end of the week. The person under appeal is attending as is a newbie from the Citiens Advice, my question is, is a friend of the person appealing allowed to attend and speak on their behalf? Their is a written statement from a friend that forms part of the appeal but I think it would be better if a friend could attend and speak on the persons behalf to the tribunal?

[honeybee13]

Hello there.I think anyone chosen by the appellant can attend with them. Are you going to tell the CAB newbie not to come along? It might be difficult if there's CAB and a friend as well.

 

I don't know how much CAB have prepared in writing, but if they haven't, please have a look at my sticky in the yellow part of the forum post titles. It's a template for showing how many points your friend should have scored at the Atos 'medical' and why. It's helped several people win and one cagger's Welfare Rights rep said it helped them prepare a case. We did a written summary for the appeal panel that we think helped our case.

 

Please ask anything else you need to know before the hearing, we'll do all we can.

 

My best, HB

[Roblynmouth]

Hi

Appeals are independent from the DWP and JCP, which is why 40% of all appeals are upheld and up to 70% when the customer is assisted.

Ask the Judge if you can speak for the Customer (edit)

Don't panic and think positively

I have been waiting for 17 & 12 months for my two appeals and no sign of either of them surfacing this side of Easter.

Edited January 2, 2011 by ErikaPNP
Removing inappropriate content in keeping with the forum rules

[leemack]

Yes a friend can go in with the appellant, but they do prefer that the appellant answer the questions. They will usually ask at the end if there is anything that anyone wants to add, and that would be the opportunity to speak. Be careful though, I've seen well meaning friends and relatives say things that lose the appeal.

 

Honeybee, it worries me that the welfare rights rep didn't already know how to prepare an appeal!!!

[honeybee13]

Leemack, I didn't mean to say the WR rep didn't know what to do, maybe it was a helpful summary to get him/her started. I haven't heard the full story, just that comment.

 

Jogon, I also meant to say that I hope the appellant is planning to attend, however tough it feels. It should be worth it. My OH was told by a tribunal chairman that we stood a much better chance if I went in person. Also, I think most people have found the tribunal to be fair-minded and if you tell them something about your health or mental health, they will believe you. At my appeal, I did have to do most of the talking, but my OH was there to prompt me.

 

My best, HB

[leemack]

Hi honeybee, there are some inexperienced reps out there, so it wouldn't surprise me - but thats another reason why your sicky is so helpful. As well as helping those who don't have a rep, it can also reassure those that do, that their case is being prepared properly. I've also seen people in other sites who have reps - but haven't had the appeal process, or their case properly explained. I think you know more about appeals than some advisers I've heard of - and definately more than most solicitors!!

[honeybee13]

My OH did a lot of the structuring of it. He decided we had to argue with the DWP using their own rules against them. Btw, do you mean 'sticky', leemack?

 

My best, HB

[leemack]

My OH did a lot of the structuring of it. He decided we had to argue with the DWP using their own rules against them. Btw, do you mean 'sticky', leemack?

 

My best, HB

 

Yes, sticky. Should really check my typing before I post! I nearly sent a letter once to 'Dear Sir or Madman' - glad I checked that day:-)

[honeybee13]

Easily done leemack, I thought it was quite Freudian about 'sicky'. Sorry to interrupt, OP.

 

My best, HB