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TOPIC: Telephone hearing success?

Telephone hearing success? 1 month 3 weeks ago #170569

Hi

I received a letter (decision notice) from the tribunal stating "it is not in the interests of the justice to deal with the appeal now, without giving her a chance to ask for an oral hearing. Only if she attends a hearing will the tribunal have a chance to hear her evidence".
Are they asking for evidence from me or do they want it from a doctor? Because I thought I had explained everything in a lot of detail and because I only needed 2 points more for both mobility and daily living, I was certain that after the explanation and evidence to support my difficulty swallowing now (as a hernia was found) that I would be awarded enhanced rate. The problem I have is only a diagnosis of Chronic Fatigue Syndrome and IBS in 2007. But doctors are aware that SPD is a real issue for me so walking, even standing, is difficult. I tend to have any GP appointments over the phone as I struggle to physically go in. The few times I have had a face to face appointment arranged, I have had to cancel half of the time. So my question is firstly that if I do for an oral hearing but am physically unable to go, what then?
Secondly, due to the anxiety it will cause me to go to a face to face hearing, is likely to make my palpitations and IBS worse. Also as the anxiety will take over, I know that I won't be able to think straight and so the hearing won't be accurate (there may be huge critical details missing). So in this case can I request a hearing over the phone as this seems more manageable for me. Also has anyone had any success or failure with a telephone hearing?
I am just confused what more I can explain than I already have. Every detail on this site I have been over and feel I really can't add more.
In any case of a (paper, telephone or face to face) hearing, if my current award is likely to be reduced or stopped then must the panel make me aware of this so I can withdraw?
Please advise
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Telephone hearing success? 1 month 3 weeks ago #170590

  • Gordon
  • OFFLINE
  • Forum Moderator
UmmB

They are saying that there are issues with your appeal that they believe can only be resolved by talking to you about them at a face to face hearing, this does not mean that you have to attend but in general it is usually to the claimants advantage to do so providing their attendance would not be at odds with your conditions and the limitations that they impose.

If you can't attend then you have a couple of options, continue to request a Paper hearing or offer to participate in a remote hearing, this can be done over the phone or using a video link of some sort, however, not all Tribunal venues are equipped to do this and the panel may not be prepared to participate in one.

Contact the Clerk of the Court, information should be on the letter you have received, to see if any of thee options would be available.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Telephone hearing success? 1 month 3 weeks ago #170613

Hi Gordon

I did call up today and the lady told me I can request this in writing. I was previously on enhanced rate PIP for both components and thought it would be straightforward. However, I am now reading that if people do not have a proper diagnosis (vague conditions like IBS, fibromyalgia like myself) then this goes against them. My GP had failed to refer me previously due to an error on his part and due to pregnancies (to the relevant specialists) but now they are referring me at once to a few departments - but I have not been seen by anyone yet to know if it would even help me get a diagnosis. I can only explain that if it wasn't a genuine situation where I struggle to do almost anything. My husband even quit his job which was a huge step for us to take.
In your opinion though, would it work in my favour if I was to speak to them (but not face to face)?
Also could you please tell me if they are required to tell you if your current award is at risk?
Thanks again x
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Telephone hearing success? 1 month 3 weeks ago #170615

so its not just me this is happening to then? im wondering if this is a growing trend to buy some time as i too put in for a paper hearing for similar reasons to you, i too felt i could not have put anything any clearer than i did in writing, i too know my anxiety will cloud any evidence i give in person thus rendering it useless. I put in written request for hearing over phone/skype 6 wks ago and still waiting now.
Let me know what happens with you
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Telephone hearing success? 1 month 3 weeks ago #170627

UmmB,

The tribunal service obviously feel they cannot make a fair decision without hearing from you - I think it will be in your interest to try and make this happen if you can.

The appeal panel are obliged to warn you if they are considering reducing, or removing, your award.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Telephone hearing success? 1 month 3 weeks ago #170629

That's very interesting cazzyclay. Please let me know what happens with you. I'm just really confused if saying that ok I will orally speak to you (but over the phone) will work in my favour or not. Surely if it's just for the 2 points, and I've been on enhanced before, the same should still apply?
Please keep me posted and good luck x
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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