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7 years 9 months ago #163416 by Nickjb
Replied by Nickjb on topic Appeal date set
Well I had my hearing today - was a bag of nerves but husband attended with me. Told beforehand I would have decision today but when I went in was told they would send a letter out tomorrow so won't hear until Saturday or Monday now which isn't great.
Explained on form that I would need to sit near the panel due to hearing impairment. When I went in they ushered me to a table about 8ft away from them so I had to tell them that was no good :-(. They fussed around and then made some space for me near the judge who was pleasant. When the Dr began speaking I said I couldn't hear him so he had to swap seats with the judge then. He was very challenging - expecting a no overturn - basically told me it was about the employer putting equipment in place to support me (bear in mind I worked in a high profile govt dept which discriminated against me because of my disability) and asked me what support I would need at the Job Centre for interviews. When I explained I struggle to hear out and about and also suffer with great anxiety telling people about my hearing impairment and how people had lacked patience with me when I couldnt hear them he suggested I take a pad and pen and ask them to write down what they said. So it looks like a no for me. I have acute depression and anxiety and despite severe hearing impairment just need the right job the Dr commented.

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7 years 9 months ago #163433 by Gordon
Replied by Gordon on topic Appeal date set
Nickjb

Hopefully your impressions will be wrong, it may be Tuesday or Wednesday before you hear, try not to worry too much :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nickjb

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7 years 9 months ago #163473 by Derek4
Replied by Derek4 on topic Appeal date set
Hi Nickyb,

Sorry to hear about your tribunal. I know the ESA descriptors have been changed to make it harder to score points for hearing problems when you can read, but it still seems insensitive of the doctor to suggest replacing you hearing with a pen and paper.

It's so easily suggested but if only he tried it himself for a day!

Good luck,

Derek

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7 years 9 months ago #163541 by Nickjb
Replied by Nickjb on topic Appeal date set
Thanks Derek - I was mortified to be honest at his suggestion but so shocked too I couldn't answer it honestly which would have been I still struggle with admitting I have problems - pen and paper as a solution is a long way off for me! I did however say it would take a long time as it takes say 5 secs to say a few sentence but would take 5mins to write it down so not really very practical at the till in a busy supermarket to do that! Did try to say I meet the descriptors as simply cannot reliably and repeatedly hear what people say.....still waiting though for the letter. Thank you for your kind words and support - really appreciate your time and will let you know the outcome.
Best wishes
N

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7 years 9 months ago #163581 by soph2103
Replied by soph2103 on topic Appeal date set
Hi I'm in the same situation,please could you tell me your outcome?

I hope it all went well xx

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7 years 9 months ago #163640 by Nickjb
Replied by Nickjb on topic Appeal date set
Hi folks - letter arrived today - have been put in work related group so part success for me. Did not meet criteria for hearing impairment - communication bit but met it due to mental health issues though am capable of getting help preparing to return to work.
What are my options regarding appealing further? My issue is I can't participate in Job Centre work related activities since the reason my mental health is particularly poor at present is because I tried a job last year with this exact organisation and I was bullied and discriminated against due to my hearing impairment. I was advised to take them to tribunal but due to the costs involved I couldn't. Tribunal were aware my job stint was unsuccessful but I did not elaborate for fear of reprisals since it employer was DWP I know they say they are independant but I was simply too scared. Do I mention this as reasons for my appeal? The thought of going back to an organisation that actually told me they were not prepared to fund the costs of my equipment because they couldnt afford it for help in job search and meeting my needs is totally impossible for me at present. I am having counselling to address this issue plus longer term issues also. Thanks

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