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tribunal looming

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12 years 10 months ago #59416 by Crazydiamond
Replied by Crazydiamond on topic Re:tribunal looming
In view of the DWP's negative reply, you have no other option but to proceed with your appeal.

Good luck!

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 10 months ago #59596 by susan
Replied by susan on topic Re:tribunal looming
Hi, I have my tribunal in 2 weeks. I have heard that the tribunal panel dont receive the files till the night before and then get together on the day of the tribunal and can either make a decision then and phone you if it is in your favour. Does anyone know if this is true.
sue

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12 years 10 months ago #59597 by Derek4
Replied by Derek4 on topic Re:tribunal looming
Hi Sue

No, that's not quite true.

Tribunal members will receive the appeal bundle several weeks before the hearing (as they will have other bundles to read as well) and they are expected to read the papers and make notes.

They meet on the day and discuss the case prior to the hearing. They may decide that there is enough evidence in the papers to award points or they may decide that for some descriptors further questions need to be asked.

I have heard of appellants being phoned on the morning and told that a decision has been made in their favour from the papers but I'm not quite sure what would happen if a Presenting Officer representing the DWP turned up to argue the DWP's case!

Good luck with your appeal in two weeks.

Derek

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12 years 10 months ago #59598 by Gordon
Replied by Gordon on topic Re:tribunal looming
susan wrote:

Hi, I have my tribunal in 2 weeks. I have heard that the tribunal panel dont receive the files till the night before and then get together on the day of the tribunal and can either make a decision then and phone you if it is in your favour. Does anyone know if this is true.
sue

This would only be the case for what is called a Paper hearing, one which the claimant does not attend.

If you have asked to be at the hearing, an Oral hearing, then you testimony must be heard before the panel can make a decision.

Gordon

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12 years 10 months ago #59601 by susan
Replied by susan on topic Re:tribunal looming
Thank you Derek, I have a great representative who has sent so much info on Fabrys disease and dr letters to them. My disease is life threatening and can not be controlled(only at best slowed the damage down with medication) also i have an infusion every 14 days so we have asked them to consider being excempt from work. fingers crossed
sue

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  • kathy1
12 years 10 months ago #59612 by kathy1
Replied by kathy1 on topic Re:tribunal looming
Hi Littlejo,

Setting aside your medical evidence always bear in mind that the tribunal will be a complete re-hearing of your case. You will be asked questions about your claim and they will be mainly interested in the answers you give on the day.

Strong supportive medical evidence will help you, but please don't just rely on this entirely, the panel will be weighing you and your answers up so don't fall into the trap of always referring back to your medical evidence.

Practice practice practice at how you feel you can best explain your problems when the relevant questions are asked.

You may find that once you get to the tribunal the panel have decided that enough evidence exists and make an award without too much questioning, but I would not rely on this being the case.

Hope all goes in your favor and the best of luck.

Kathy

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