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Agoraphobia Second Appeal Tribunal

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11 years 11 months ago #86570 by Asbo
Hi

My sister is appealing to go from ESA WRAG to the Support Group. She couldn't attend the first tribunal on account of her agoraphobia but had a Welfare Rights Adviser represent her. The first hearing was adjourned while they got more medical evidence because they really wanted her to be there but said they could arrange for a domiciliary visit (although this wasn't written down, just discussed at the original tribunal).

The Tribunal have just sent out a second date which she can't attend because they've not arranged for a domiciliary visit. On the phone they said she would have to write in and request a postponement and give her reasons why which she is doing.

But will it increase her chances if she attends? She will have the same representative, hopefully. She has more medical evidence and her adviser said he will speak for her and I can also attend for moral support.

Many thanks

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11 years 11 months ago #86575 by Gordon
Replied by Gordon on topic Re:Agoraphobia Second Appeal Tribunal
Asbo

I am afraid it is a Catch-22 for claimants with agrophobia, under normal circumstances, attending a tribunal can significantly improve your chances of winning (statistically by a factor or four), however, for the agrophobic, attending flies in the face of their condition.

If there is a reasonable and explanable way for her to attend, then it may be to her advantage to attend.

What does her representative say on the matter, as they really should be helping you with this question?

Gordon

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

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11 years 11 months ago #86581 by Asbo
Replied by Asbo on topic Re:Agoraphobia Second Appeal Tribunal
Thanks Gordon. Her adviser doesn't think she should go for the same reason as you mentioned - that by attending as an agoraphobic it could be used against her. Other people say the opposite, that she stands more chance if she goes. The tribunal know she isn't housebound and they know she can get to some local places accompanied. But this would be an extreme stressful situation.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #86587 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Agoraphobia Second Appeal Tribunal
See Clinical Features - Agoraphobia linked from the DWP of A-Z of Medical Conditions which explains exactly what it is.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 11 months ago #86589 by Asbo
Replied by Asbo on topic Re:Agoraphobia Second Appeal Tribunal
Thanks Jim
I know exactly what agoraphobia is as I suffer with it myself! It literally means fear of the market place. Many people with agoraphobia, although they may be able to go out, lead very restricted lives, need to be at home most of the time, avoid places where they cannot escape or feel trapped. I am mentioning my sister at the moment as she is the one going through it. But is this fear that others have a misunderstanding of what it is that can lead to further fear and worsening of symptoms.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #86591 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Agoraphobia Second Appeal Tribunal
Hi Asbo,

When I reply to posts, I try to aim them at the 'least common denominator' as well as the poster.

Apologies, I wasn't for one minute suggesting you don't know what agoraphobia is.

If it's any consolation to you, I have sat on DLA Tribunals where agoraphobics have
made successful appeals because the Tribunal panel was able to see for themselves
how devastating agoraphobic attacks can be.

Has your ever sister requested a 'domiciliary hearing', they are quite rare, but not impossible with good medical support.

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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