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Agoraphobic, appealing ESA - can't attend tribunal
- Ren
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6 years 11 months ago #188074 by Ren
Agoraphobic, appealing ESA - can't attend tribunal was created by Ren
Hi,
I am appealing as ESA was cancelled and obviously am concerned that I can't have an oral hearing as I am unable to attend the tribunal. I have been to Citizens advice and it looks like I won't 'qualify' for a representative as they are only doing this for who they class as the 'most vulnerable'. If my chances of winning an appeal are less now because of not having an oral hearing - I feel like I am being discriminated against because of my mental health problems.
I can not emphasize enough, that it is my actual condition which prohibits my attending in person. And as it seems like I won't have a representative, It would be very unfair if this counts against me.
Could you give me any advice, or even reassurance - I feel like the odds are already being stacked against me and it's not my fault. Is there anyone else in this situation?
Thanks
Ren
I am appealing as ESA was cancelled and obviously am concerned that I can't have an oral hearing as I am unable to attend the tribunal. I have been to Citizens advice and it looks like I won't 'qualify' for a representative as they are only doing this for who they class as the 'most vulnerable'. If my chances of winning an appeal are less now because of not having an oral hearing - I feel like I am being discriminated against because of my mental health problems.
I can not emphasize enough, that it is my actual condition which prohibits my attending in person. And as it seems like I won't have a representative, It would be very unfair if this counts against me.
Could you give me any advice, or even reassurance - I feel like the odds are already being stacked against me and it's not my fault. Is there anyone else in this situation?
Thanks
Ren
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- Gordon
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6 years 11 months ago #188094 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Agoraphobic, appealing ESA - can't attend tribunal
Ren
Statistically the success rate for a Paper hearing is less than for an Oral one, but you cannot apply statistics to an individual claim and we regularly have members, who are unable to attend, who are awarded PIP.
An Oral hearing gives the members of the panel an opportunity to ask questions of the claimant which helps them to fill in any gaps in the claimants submission and evidence, so you will need to try and do this for them be providing a detailed submission explaining why you meet the ESA Descriptors.
Be aware that your submission must be with the Tribunal Service no later than one month after the date of the letter accompanying the DWP evidence bundle, as you will not be notified of when the hearing will take place.
I would go through your ESA50, the assessment report and our ESA Claim guides to make sure that it is clear why you should score the points for an award.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Statistically the success rate for a Paper hearing is less than for an Oral one, but you cannot apply statistics to an individual claim and we regularly have members, who are unable to attend, who are awarded PIP.
An Oral hearing gives the members of the panel an opportunity to ask questions of the claimant which helps them to fill in any gaps in the claimants submission and evidence, so you will need to try and do this for them be providing a detailed submission explaining why you meet the ESA Descriptors.
Be aware that your submission must be with the Tribunal Service no later than one month after the date of the letter accompanying the DWP evidence bundle, as you will not be notified of when the hearing will take place.
I would go through your ESA50, the assessment report and our ESA Claim guides to make sure that it is clear why you should score the points for an award.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Julieg12
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6 years 11 months ago #188258 by Julieg12
Replied by Julieg12 on topic Agoraphobic, appealing ESA - can't attend tribunal
REN, Had similar problems as yourself, my Tribunal hearing was 16th March when they changed rules on mental health. So my appeal cancelled to later date, I could not get to CAB, so was delighted to find Benefit and Works. I had 2 points short for my claim, I appealed and was reduced to 0 points. Having no one with me, did not go against me, as the Tribunal is made up of Judge, Doctor, and Disabled member. Taxi took me, and when I got into meeting they could see how distressed I was, They were very kind, and ensured me that they were independent of DWP. I broke down a couple of times, as I have memory problems as well, and had to think back. But they were patient and brought points out from the ATOS asesement that I missed, which were important to me.
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- Julieg12
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6 years 11 months ago #188263 by Julieg12
Replied by Julieg12 on topic Agoraphobic, appealing ESA - can't attend tribunal
REN. Cont.
You bravely managed to get to CAB, even if on own, try to go to Tribunal as they are nothing like AToS, OR others, and ftf the tribunal can hear how things effect you.
It was very difficult for me to go, but glad I did, as awarded more than I hoped for mental health. Even if you had representative they could not answer for you. It was so important I had to go, was sick, bowel trouble, anxiety, and fear for days before. going for standard got enhanced. SO TRY GET FAMILY MEMBER, FRIEND TO ASSIST YOU GETTING THERE. Good Luck. Never thought I would get.
You bravely managed to get to CAB, even if on own, try to go to Tribunal as they are nothing like AToS, OR others, and ftf the tribunal can hear how things effect you.
It was very difficult for me to go, but glad I did, as awarded more than I hoped for mental health. Even if you had representative they could not answer for you. It was so important I had to go, was sick, bowel trouble, anxiety, and fear for days before. going for standard got enhanced. SO TRY GET FAMILY MEMBER, FRIEND TO ASSIST YOU GETTING THERE. Good Luck. Never thought I would get.
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