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ESA tribunal hearing this Thursday
- JennyCS
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3 days 5 hours ago #315945 by JennyCS
ESA tribunal hearing this Thursday was created by JennyCS
I have had Long Covid since February 2024. I have my ESA tribunal hearing this Thursday 22 October.
At the time of my telephone assessment by the health care professional, I was in a particularly good phase and did not therefore fully represent how the condition affects me and how the different symptoms come and go. Also, having not appreciated the significance of the assessment, I had not sought any guidance on the importance of giving as full and accurate a picture of how the condition affects me at different times. As a result, I was awarded zero points by the DWP.
In the DWP response to my appeal, they often refer back to to how I came across in that assessment, and I feel I have done myself a disservice, and now have to really prove that it was a snapshot in time and did not truly represent how the condition affects me.
I am now after any advice on how best to make this case during my hearing.
Many thanks.
At the time of my telephone assessment by the health care professional, I was in a particularly good phase and did not therefore fully represent how the condition affects me and how the different symptoms come and go. Also, having not appreciated the significance of the assessment, I had not sought any guidance on the importance of giving as full and accurate a picture of how the condition affects me at different times. As a result, I was awarded zero points by the DWP.
In the DWP response to my appeal, they often refer back to to how I came across in that assessment, and I feel I have done myself a disservice, and now have to really prove that it was a snapshot in time and did not truly represent how the condition affects me.
I am now after any advice on how best to make this case during my hearing.
Many thanks.
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- BIS
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2 hours 23 minutes ago #315990 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA tribunal hearing this Thursday
Hi JennyCS
I can't guarantee what will happen, but the Tribunal panel will understand your situation much better than the average assessor.
The panel's role is to decide whether the assessor made a fair judgement on the day of the assessment, based on the evidence you presented. You say yourself that you didn't understand the process - and you can say that, but I would not use the words you have used here, "I was in a particularly good phase" - because the panel could easily come down on the side of the assessor. I'm not saying that to frighten you, but they can only judge what you presented, so focus on the fact that you tried to be positive and didn't give an accurate picture of your fluctuating condition. You need to make it clear what your situation is like for the majority of the time.
If you are going to grow weary during the hearing, tell them so at the beginning. Make sure that you have a list of things that you want the panel to know. After they have asked questions, you should be given the opportunity to speak and tell them about anything that has not been covered.
I hope it goes well for you tomorrow.
BIS
I can't guarantee what will happen, but the Tribunal panel will understand your situation much better than the average assessor.
The panel's role is to decide whether the assessor made a fair judgement on the day of the assessment, based on the evidence you presented. You say yourself that you didn't understand the process - and you can say that, but I would not use the words you have used here, "I was in a particularly good phase" - because the panel could easily come down on the side of the assessor. I'm not saying that to frighten you, but they can only judge what you presented, so focus on the fact that you tried to be positive and didn't give an accurate picture of your fluctuating condition. You need to make it clear what your situation is like for the majority of the time.
If you are going to grow weary during the hearing, tell them so at the beginning. Make sure that you have a list of things that you want the panel to know. After they have asked questions, you should be given the opportunity to speak and tell them about anything that has not been covered.
I hope it goes well for you tomorrow.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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