esa tribunal hearing

[gazshiraz]

going to my hearing on 28th march and would like to know if I have to put everything in writing or can I just speak to the judge/doctor on the day as they have my medical records etc, stating my conditions, ive read the sticky about appeals and it says to highlight the descriptors you are challenging i did this in my original letter on GL24 saying what descriptors i disagree with, so do i need to send this in again to the tribunal, i have had to deal with my wife battling breast cancer so have been thinking about other things and now got to sort this as well any help would be welcome thanks

[clarkey1]

going to my hearing on 28th march and would like to know if I have to put everything in writing or can I just speak to the judge/doctor on the day as they have my medical records etc, stating my conditions, ive read the sticky about appeals and it says to highlight the descriptors you are challenging i did this in my original letter on GL24 saying what descriptors i disagree with, so do i need to send this in again to the tribunal, i have had to deal with my wife battling breast cancer so have been thinking about other things and now got to sort this as well any help would be welcome thanks

 

 

 

 

Hi

 

Contact your local MP advise him or her why you think that Atos got it wrong and the length of time it has taken to get an hearing complete with copies of your appeal and hearing letter and they will send a letter to the judge supporting you.

 

All the best

[clarkey1]

 

 

 

 

 

 

 

Hi

 

 

 

Contact your local MP advise him or her why you think that Atos got it wrong and the length of time it has taken to get an hearing complete with copies of your appeal and hearing letter and they will send a letter to the judge supporting you.

 

 

 

All the best

 

 

The more the doctor and judge sees before your hearing the better as there mind will be almost made up by the time you get in there.

 

Also they are not interested how you are now it's all about the time of your examination that's all they are looking at.

Regards

[gazshiraz]

thanks for reply , I have put all the descriptors i am appealing against in my appeal form so i don't see the point going over the same ground again, like you say they are not looking at what you are like now even though i am worse, i just cannot understand how i go from support group to zero points with all the medical evidence but hopefully they will agree with me and find in my favour

[estellyn]

The pillars of an ESA WCA appeal:

 

 

Professional evidence

Showing that your WCA was flawed and how

Showing that you meet the descriptors using examples from your daily life

Not giving any contradictory information during the whole process (from filling in the ESA50 to appeal)

 

 

Yes, I believe it is better to have all of this written in the form of a submission to the Tribunal - it's a lot of info to get across orally in a short time, and as the Tribunal hearing is judge and doctor led, you may not have the opportunity to put everything across orally, whereas they can read a submission and look at the evidence before you get into the room, leaving more time for the questions they want to ask.

[honeybee13]

Hello there.

 

I agree with estellyn. The panel don't have all that much time and I'm a believer in spelling out your argument rather than expecting them to work it out. Have you looked at the forum stikky about appeals and tribunals? It has a template letter to put your arguments in.

 

HB

[gazshiraz]

yes have had a look at the stikky so do I need to write it out as stated in the template and send this in to the tribunal clerk 7 days before hearing, I have supporting letters from my GP and consultants explaining how my daily living is affected and they will have the same letters, but do they need to hear this from me as well ,showing that my wca was flawed does this mean contradicting everything the atos doctor has said about me and what was tested on the day of medical

[estellyn]

yes have had a look at the stikky so do I need to write it out as stated in the template and send this in to the tribunal clerk 7 days before hearing, I have supporting letters from my GP and consultants explaining how my daily living is affected and they will have the same letters, but do they need to hear this from me as well ,showing that my wca was flawed does this mean contradicting everything the atos doctor has said about me and what was tested on the day of medical

 

 

Yes, yes and yes. Though you don't have to do any of it. Just doing it this way gives more chance of a successful outcome - you can have successful outcomes without it, but it's less likely.

[gazshiraz]

ok will dig out all the paperwork and get it all down in writing need to refresh my memory as its been nearly a year waiting for this appeal and what with my wife being ill as well have tried to forget about all this but I know its got to be done thanks again bye for now

[**Margaret**]

:gazshiraz:

 

That you're having to cope with your wife's illness and your tribunal hearing for employment n support at the same time.

 

Yes, you can just speak to the judge and the doctor on the day but, like the other contributors, I don't advise it. Tribunal rooms are an alien stressful environment for most appellants so it's all to easy to forget something important. Besides which, a written submission of evidence is the best preparation for an oral hearing cos you have to think about how your condition(s) affect you. How conditions impair ability to perform, or not, the prescribed descriptors that are relevant to the workplace.

 

My starting point for a written submission of evidence is to identify the applicable descriptors and write each one at the top of a blank sheet of A4 or word doc. Then one descriptor at a time, write paragraphs to explain where Atos got it wrong, followed by paragraphs which describe how life is for you, day in day out. Along the lines of;

 

Heart disease means I can't walk/wheel 200 metres to the nearest bus stop so a friend has to take time off work for my hospital appointments.

 

Cos of spinal problems I can't stand for long enough to prepare a cooked meal. Or sit at a desk/table for longer than 30 minutes before I have to lie on the sofa to relieve the pain.

 

Once you're happy with your paragraphs slot them into the template. Reading back through your threads you need the support component for payments to restart so, if applicable, add an extra paragraph about why work related activity would carry a substantial risk of worsening your health.

 

Ideally your written evidence needs to reach your tribunal support centre at least ten days before the date for your hearing.

 

Best wishes, Margaret.

[gazshiraz]

thanks for your reply, I will write it all down on paper and send it in to the tribunal clerk asap

[worried33]

I agree, I did a written statement for my DLA appeal, all my previous apepals before that I had lost I didnt write a statement.

 

eg. I told them the length of my flat, so they have an idea how much of a joke the ATOS report was (claimed I could walk 200m on the basis I made it to my sofa).

I supplied a photo of the front of my property as the ATOS doctor claimed I had a large front garden to walk through and 3 steps to get in my front door, photo proved it wrong.