Esa tribunal and worried - ** PUT IN THE SUPPORT GROUP **

[anna15]

Hi everyone,

 

I would be grateful of any advice.

 

I applied for esa in feb this year and had my ATOS medical in June. I scored 12 points and disagreed with quite a few of the things that were said. I requested an appeal and have got tribunal on 4th dec.

 

I am so terrified I feel ill at the thought of it. What is worrying me is my gp has been providing sick notes since feb stating my illness but lately has been quite awkward. I just feel he has started undermining my illness.

 

I suffer terrible depression and unable to go out except to appts . On 150mg a day of amitriptalene(sp) this is from abuse as a child which came to court last month. No family because of this.

 

I also have a few physical symptoms. I asked gp for letter re medical evidence but he said he wants my rep to arrange this through a lawyer basically so he gets paid.

 

I'm going to tribunal without medical evidence I can't delay it as I need this over with. I do have reports of how I was in work capacity in last job which confirm my problems, a letter from fiscal confirms my story also all the emotional support I need. Is there anything else I can do?

 

I'm sorry if this is all mixed up but struggling to put it down properly.

 

Thanks

Edited November 21, 2012 by honeybee13
Putting in some spacing for easier reading.

[reallymadwoman]

There is a sticky in the benefit forum about appeals which is really informative, you should read that definitely.

 

If you can, it would be really helpful to take someone with you to the tribunal for moral support. Don't try too hard either - if you usually don't dress up, don't do it just because it's tribunal day. Treat it like any other day.

 

Above all, you have to turn up to give yourself the best chance possible.

[georgie_63]

Hi,

 

I've just read your post, and i'm sending you all my love my darling.

 

Like the other post said take someone with you for moral support on the day, and just tell them the truth about how it affects you on a daily basis etc, Over exaggerate it too, to a certain degree if it helps getting the point across. And don't feel ashamed to cry either.

 

I haven't been to a tribunal so i really don't know what goes on, but i may have to go to one also soon. But good luck and i hope it all goes well.

 

Dawn

xxx

[anna15]

Thank you ladies. I have an amazing husband who comes to every appointment with me and knows everything there is to know. I am taking him. It made me cry hearing he can't sit right beside me he has to sit away from me so goodness knows how I will be. My welfare rights lady said I can delay if I want to allow time for medical evidence but confident on what she has so far so just going to try and go.

 

I will read the stickys and write some notes but nothing stays in long enough just now.

 

Is it silly going without medical proof? Was admitted to hospital 3 weeks ago as Bp constantly at 160/129 that's how much this is all getting to me now.

 

Dawn I really hope you never ever have to go to one and I feel so sorry for genuine people being put through all this as it is such a nightmare.

 

Thank you xxx

 

=georgie_63;4055157]Hi,

 

I've just read your post, and i'm sending you all my love my darling.

 

Like the other post said take someone with you for moral support on the day, and just tell them the truth about how it affects you on a daily basis etc, Over exaggerate it too, to a certain degree if it helps getting the point across. And don't feel ashamed to cry either.

 

I haven't been to a tribunal so i really don't know what goes on, but i may have to go to one also soon. But good luck and i hope it all goes well.

 

Dawn

xxx

[honeybee13]

Hello and welcome to CAG.

 

I'll move this thread to the benefits forum and leave a redirect here for a couple of days. I'll also post up a link to the sticky.

 

My best, HB

[honeybee13]

Here's the link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

 

HB

[estellyn]

Why can't your husband sit with you at Tribunal?

[anna15]

Hi estellyn,

 

I was told he can be in the room but can't sit by my side ( my rep will be beside me) husband sits at back of the room. Xx

 

Why can't your husband sit with you at Tribunal?

[anna15]

I have read the sticky and found it helpful can anyone tell me what things they accept as evidence. I don't feel I have enough. Xx

[estellyn]

Hi estellyn,

 

I was told he can be in the room but can't sit by my side ( my rep will be beside me) husband sits at back of the room. Xx

 

All the Tribunals I went to, the family member could sit beside the person - but maybe different centres have different practices.

[estellyn]

I have read the sticky and found it helpful can anyone tell me what things they accept as evidence. I don't feel I have enough. Xx

 

If your GP is being difficult, get a full printout of your medical records from the surgery - they have to provide this when asked, though it may cost you £10.

[anna15]

Hi estellyn,

 

What a silly rule anyway not to allow someone to sit beside you. Surely that would help someone massively. I wouldn't mind paying the fee and told gp I would pay a fee if needed but he said he wanted letter headed paper requesting someone wanting medical evidence. This gp is very difficult with a lot of people and seems to make everything harder.

 

If I ask for a print out will this be accepted though as I imagine there is a lot written on me as I see him monthly and not sure what tribunal want. I'm sorry about all my questions but I feel this is so new and I don't know what's required.

 

Thank you

 

QUOTE=estellyn;4055350]If your GP is being difficult, get a full printout of your medical records from the surgery - they have to provide this when asked, though it may cost you £10.

[Nystagmite]

Tribunal need evidence that's relevant at the time of your medical.

[**Margaret**]

:anna15:

 

You in Scotland? Wondering if there's regional variations?

 

Who said your husband couldn't sit next to you? As moral support I've been to several tribunals across different venues, but I've never been asked to sit at the back of the room. Not even when there's been a professional rep and a witness.

 

Don't want to tread on your rep's toes but in my opinion (althought you're getting tight for time) it's definitely worth trying to get hold of your medical records. Sometimes copies of letters/reports between one's doctor and a specialist can be more useful than a purpose written, and expensive, report.

 

Sincerely, Margaret.

[anna15]

Hi,

 

Yes I am in Scotland and it was my welfare rights officer who said about where he sits. So have you been able to sit side by side Margaret. This would help me massively.

 

I'm scared I don't have enough. I see 3 diff specialists and my gp and as evidence I have a letter from procurator fiscal explaining my emotional needs, a report from my old job saying how I don't adapt to change or mix well etc etc. copies of upcoming appointments and a letter from cardiologist re dangerously high Bp and a list of medications. That is all I have. Does this sound enough?

 

Thank you again x

 

QUOTE=Starryeyes52;4055682]:anna15:

 

You in Scotland? Wondering if there's regional variations?

 

Who said your husband couldn't sit next to you? As moral support I've been to several tribunals across different venues, but I've never been asked to sit at the back of the room. Not even when there's been a professional rep and a witness.

 

Don't want to tread on your rep's toes but in my opinion (althought you're getting tight for time) it's definitely worth trying to get hold of your medical records. Sometimes copies of letters/reports between one's doctor and a specialist can be more useful than a purpose written, and expensive, report.

 

Sincerely, Margaret.

[**Margaret**]

:anna15:

 

Well, one thing's for sure. Your rep's going to know far more about the layout of tribunal rooms in Scotland than I do. In answer to your question, yes. Except for once being asked to temporarily change places with a witness I've sat next to every person I've accompanied.

 

In pursuit of the 'overriding objective' of tribunals to deal with cases fairly and justly the judges have wide ranging powers of discretion including the final say about who sits where. When you get to the tribunal venue it might be worth asking the tribunal clerk to ask the judge if your husband can sit next to you cos, you'll feel more comfortable and 'able to participate fully in the proceedings'. (Tribunal rules 2008)

 

Best wishes, Margaret.

[estellyn]

You are entitled to access your medical records, anna:

 

http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68&subcategoryid=160

[anna15]

Estellyn,

 

Thank you for this I am going to speak to welfare rights lady about this. Something else I am unsure about is I have read time and again about writing a statement going through all the descriptors. I saw also the helpful template to help with this. When I saw rep yest I said I had read about this statement and did she feel it would help. She said not to worry as she will argue discussed descriptors with them. Is it still worthwhile me doing 1? I feel I can manage it but not sure if I should just leave it. I see her tomorrow again and could give her a copy then but not sure how useful the tribunal would find it.

Thanks again

 

Margaret I will ask for him to be with me as it will help me hold it together if he can hold my hand.

 

Thank you

 

You are entitled to access your medical records, anna:

 

http://www.nhs.uk/chq/pages/1309.aspx?categoryid=68&subcategoryid=160

[estellyn]

Estellyn,

 

Thank you for this I am going to speak to welfare rights lady about this. Something else I am unsure about is I have read time and again about writing a statement going through all the descriptors. I saw also the helpful template to help with this. When I saw rep yest I said I had read about this statement and did she feel it would help. She said not to worry as she will argue discussed descriptors with them. Is it still worthwhile me doing 1? I feel I can manage it but not sure if I should just leave it. I see her tomorrow again and could give her a copy then but not sure how useful the tribunal would find it.

Thanks again

 

Margaret I will ask for him to be with me as it will help me hold it together if he can hold my hand.

 

Thank you

 

Please make sure that your rep is doing the 'arguing' in writing as well as anthing they say in person. A written submission is useful for the Tribunal to have to see the points of your case before you get in the room, and provides a useful framework for the proceedings. I always found that with oral arguments alone, there is always the risk that points will get missed. Also it is much harder for a judge to argue in a statement of reasons that they didn't have information or evidence on x if it was provided in a written submission.

[reallymadwoman]

If you write a statement it will certainly help you to get everything straight in your head. I would go for it - it can't hurt.

[anna15]

That is a very good point. I do believe she will do it in writing as she said she was taking notes so she doesn't forget anything when writing it out. My concern is I had 30 mins with her yest, see her tomorrow purely to give appt letters etc but then that's all. It was rushed yest and I hadn't noted down what I wanted mentioned so we only covered a few things. There were things also I forgot to tell her so don't feel she even has the full picture. If I give her copy tomorrow she would be more clued up too on my illness. I will do 1 tomorrow as I need all the info I can get.

 

Thank you again

 

=estellyn;4056066]Please make sure that your rep is doing the 'arguing' in writing as well as anthing they say in person. A written submission is useful for the Tribunal to have to see the points of your case before you get in the room, and provides a useful framework for the proceedings. I always found that with oral arguments alone, there is always the risk that points will get missed. Also it is much harder for a judge to argue in a statement of reasons that they didn't have information or evidence on x if it was provided in a written submission.

[estellyn]

That is a very good point. I do believe she will do it in writing as she said she was taking notes so she doesn't forget anything when writing it out. My concern is I had 30 mins with her yest, see her tomorrow purely to give appt letters etc but then that's all. It was rushed yest and I hadn't noted down what I wanted mentioned so we only covered a few things. There were things also I forgot to tell her so don't feel she even has the full picture. If I give her copy tomorrow she would be more clued up too on my illness. I will do 1 tomorrow as I need all the info I can get.

 

Thank you again

 

=estellyn;4056066]Please make sure that your rep is doing the 'arguing' in writing as well as anthing they say in person. A written submission is useful for the Tribunal to have to see the points of your case before you get in the room, and provides a useful framework for the proceedings. I always found that with oral arguments alone, there is always the risk that points will get missed. Also it is much harder for a judge to argue in a statement of reasons that they didn't have information or evidence on x if it was provided in a written submission.

 

Absolutely Anna, any extra info you can give her in writing will help her a lot in writing your submission. Reps are sadly overstretched and getting all the info can be time consuming. Having something from you in writing will mean that she will be able to refer to it. Ask to see the submission before she sends it so you can check it is accurate and complete and if there is anything more you wish to add

[anna15]

That is so true, they are very over stretched . My rep has 5 tribunals In 1 day to prepare for. Thanks again I appreciate everyone taking the time to help answer my questions too. Feeling less nervous today about it all as I trawled through all the threads, sticky topics last night and have a better understanding of the process.

 

 

QUOTE=estellyn;4056102]

 

Absolutely Anna, any extra info you can give her in writing will help her a lot in writing your submission. Reps are sadly overstretched and getting all the info can be time consuming. Having something from you in writing will mean that she will be able to refer to it. Ask to see the submission before she sends it so you can check it is accurate and complete and if there is anything more you wish to add

[worried33]

I wonder if the DWP letter thingy sent to GPs after a failed ESA scared him off.

[anna15]

I don't think so as what he puts on my line goes with what I got 12 points for. ATOS stated inaccuracies on medical. I believe and may be wrong but think that they are constantly getting asked to do these reports and that's a lot on top of a busy day in surgery. If gp got scared when letter sent would that not be the case with all gp's who refuse patients these?

 

 

I wonder if the DWP letter thingy sent to GPs after a failed ESA scared him off.