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Tribunal any advice

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11 years 10 months ago #86973 by hells36
Tribunal any advice was created by hells36
Have come out of hospital at the weekend to find I have received a date for my ESA tribunal. Can anyone give any advice on how these things work etc
Will I get an answer there and then or do I go back to waiting for an outcome letter to arrive in the post.

I've never had to do a tribunal before so am going into the unknown any advice or helpful tips woul be appreciated.

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11 years 10 months ago - 11 years 10 months ago #86981 by Gordon
Replied by Gordon on topic Re:Tribunal any advice
Hells

Have a look at the following FAQ

Preparing for a Tribunal

Most Decisions are given out on the day, but an increasing number are sent by post the following day. If this happens then it is usually due to there being no time to complete the administrative processes associated with a Tribunal Decision, and is in no way reflective of a negative Decision :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.

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  • Eyupmiduck
11 years 10 months ago - 11 years 10 months ago #86994 by Eyupmiduck
Replied by Eyupmiduck on topic Re:Tribunal any advice
Hi Hells

I had a (successful) tribunal last year where I represented myself. You just have to remember to be yourself whilst not letting your tongue run away with you and answer any questions clearly with all the facts and trying not to waffle (easier said than done, I know, especially in my case!).

It was pretty nerve-jangling waiting to go in, but at the end of the day, they're only people, not ogres. I was lucky enough to get two very civil and pleasant people, a Solicitor and a GP, both women. I felt much more at ease once I had sat down and I felt they treated me with respect and listened closely to all I had to say. I got a decision there and then and they give you a stamped decision notice stating the outcome.

I would say go through all your paperwork the night before so it's fresh in your mind, use a highlighter pen for important points such as why you're challenging the decision and try to take as much supporting written stuff from your health professionals as you can get your hands on.

Good luck and I hope it goes your way. :)
Last edit: 11 years 10 months ago by Gordon.

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11 years 9 months ago #87033 by hells36
Replied by hells36 on topic Re:Tribunal any advice
Thank you for the replies I will do some reading and see what more I can find out.

The dwp did admit the other week by phone they made an error in my paperwork by saying I attended a medical when I didn't and they said they would be writing to the tribunal service to let them know this.
But as of yet the tribunal service haven't received anything else from them.

Not sure if that mistake may help my tribunal if dwp don't admit error prior to the tribunal date. I have been told any extra evidence needs to be sent to the tribunal service 7 days prior to the date.

Will let you know the outcome

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11 years 9 months ago #87045 by Gordon
Replied by Gordon on topic Re:Tribunal any advice
Hells

I'm picking this up in case other members reading this take your comments asis.

With regard a claimant submitting evidence, the Tribunal Regulations require a claimant to submit all of their evidence to the Tribunal Service, within one month of their receiving the evidence packet from the DWP.

The Tribunal panel may accept evidence after this this date at their discretion. Claimants may be able to send further evidence up to about 2 weeks before the hearing with a reasonable expectation that it will be accepted, after this, and depending on the quantity of evidence, it becomes increasingly possible that your evidence will not be included.

Gordon

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

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  • pussycat1961
11 years 9 months ago #87053 by pussycat1961
Replied by pussycat1961 on topic Re:Tribunal any advice
Hi Hells,
To be honest it seems every tribunal is different. I had mine on the 22nd of this month, failed, courtesy of a badly worded letter from my consultant. I had a doctor and a judge on the panel, the judge stated we were there to only discuss my condition at the time of the adverse fit for work decision.
Every question he asked me related to now, not last year, what medication was I on now, how did I get to the tribunal, how am I now in relation to the descriptors, the doctor however kept questions to last year. I was awarded 9 points where the DWP had given me none but failed on the walking descriptor thanks to 3 words from my consultant which the judge said were 'open to interpretation' as they were 'vague'. I got my decision there and then, did not want to wait, more stress.
As it's been 11 months since the adverse decision I put a new claim in straight away as my pain levels have increased anyway.

Good luck.

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