Tribunal any advice

hells, so you mind if I ask how long you had to wait to get your appeal?

See Delays in ESA & DLA Appeals

Hi mumsgirl

My first request for an appeal back in November last year got lost in the post. When found this out a late appeal was put in in January.

It's taken from then til end of March for them to make the decision to go to tribunal, and tribunal is taking place in a couple of weeks time.
Was surprised to get a date that quick because the bundle of tribunal papers had said not to expect a date at the earliest of sometime in October!!!

Hope that helps but I'm aware every case is different and there are delays with many parts of the process for a lot of people due to backlogs either of forms being processed, medicals, or appeals

I remember someone saying, "Don't have your papers too well organised, or they'll say someone this organised, prepared and articulate is fit for work, and adjust their ideas about how well you match up to the descriptors to match their instinctive judgements."

I've no idea if it's true.

I would say - be dressed smartly (to show respect) but don't be over-dressed.

Answer with facts and try never to sound either whiney or melodramatic. They may make judgements about whether you can "really" do X or Y (walking etc) based on their opinion of your testimony - whether you are given to exaggeration or self-pity.

Have spemd the last few days reading the tribunal part in the esa guide and I have a few questions if anyone could help.

First in the guide it said something about when you receive a date for tribunal it will also tell you what doctor is sitting on the tribunal and if you know them you have to let them know.

I've received a date but it doesn't tell me anything about who is on the tribunal panel it's just a date, time, and directions. Should it give me any information about the panel?

My second question is when I'm answering questions is it advisable or not to explain how working really caused me more health problems and eventually led to me stopping work?
Or could mentioning that I've worked in the past go against me because they might think you've worked before you can work again!!

Thanks in advance for your help all coments on this post have been helpful

hells36 wrote:

Have spemd the last few days reading the tribunal part in the esa guide and I have a few questions if anyone could help.

First in the guide it said something about when you receive a date for tribunal it will also tell you what doctor is sitting on the tribunal and if you know them you have to let them know.

I've received a date but it doesn't tell me anything about who is on the tribunal panel it's just a date, time, and directions. Should it give me any information about the panel?

My second question is when I'm answering questions is it advisable or not to explain how working really caused me more health problems and eventually led to me stopping work?
Or could mentioning that I've worked in the past go against me because they might think you've worked before you can work again!!

Thanks in advance for your help all coments on this post have been helpful

Hi,

It is possible that the composition of members of the panel has not yet been confirmed when the letter was sent. However if on the day of the tribunal, any panel member knows you (or vice versa) this should be pointed out. In practice though panel members would know who (appellant wise) is on 'the list' for a particular day and should point this out in advance.

Re your second point, it is rather irrelevant. It is more important to demonstrate how you meet (and/or met the descriptors when the original decision was made on your claim).

If you think mentioning work would help demonstrate your fulfilling any descriptor it maybe used. However without knowing all the ins and outs of a particular claim it is difficult to say whether or not this would apply.

If possible do try to seek face to face help in advance of the appeal to go through all your evidence to see what maybe helpful or unhelpful.

See:

Where to get advice?

Where to get help


Pete