UC WCA Face to face appeal hearing

Hi Naba,
I appreciate your concern about going to a hearing, but try not to worry. Hearings at a tribunal are low key, (none of the wigs and gown etc that you see on crime dramas!). The tribunal should go at your pace. There is a Practice Direction (PRACTICE DIRECTION FIRST TIER AND UPPER TRIBUNAL CHILD, VULNERABLE ADULT AND SENSITIVE WITNESSES 28.10.2008) firstly, as a disabled person you would come under this Practice Direction - it requires the tribunal to be mindful how the vulnerable adult will give evidence and the tribunal must take this into account. Eg Give you more time, allow you to walk about, have breaks etc. If the hearing is conducted without being mindful to your disabilities then the hearing may not be fair (you have a right to a fair hearing under Article 6 (ECHR). The Practice Direction directs that the tribunal should consider whether eg video hearing is appropriate.
However, although it seems that it may be a huge effort to attend in person, I think this may be beneficial. Even though DWP has scored zero points, many claimants succeed at tribunal and achieve maximum benefit. The tribunal should look at the look fairly and decide on the facts. If DWP has made erroneous judgments or assertions about your disabilities and their effects make this clear to the tribunal.
The DWP decision maker will be sat in a room, and will be responsible for dealing with many cases. He never gets to see you, and you may just remain a number to him or her. The tribunal have the benefit of seeing you in person. They will notice if you can't walk very far, or stutter when asking questions, or look in pain, and need to stand etc etc - that is probably the most compelling evidence!
However, if you attend the hearing and after 10 minutes it all becomes too much, you can then leave. Your wife/sister can represent you and deal with the rest of the hearing whilst you remain in the waiting room, or if need one relative could represent you and the other take you home. You have a right to be represented, and for the representative to speak - and both your wife and sister can also give evidence of how your disabilities affect you.
The tribunal need to see the real you, whilst you may feel that resting up the day before (ie doing nothing!) and maybe going to bed early is important, think carefully about this. Also think about taking extra medication. If you are rested up, so you don't appear tired, and the extra medication means you can walk and talk better, you may not come across as being as disabled as you are. - the tribunal won't see the real you. If it's a nice day on the day before the hearing and you want to go shopping, or need to go to the supermarket or walk the dog, then do it - do whatever you would normally do. Of course if you really need the extra medication eg painkiller then do take it, but if you can do without then your pain/tiredness/poor mobility will be self evident.
Also, if there are days when you don't properly wash or shave etc then don't. There is no rule that says you have to be neat and tidy for the tribunal. Likewise you don't need to wear a suit - wear something comfortable, (maybe not pyjamas!) but if you wear track suit and a t shirt wear these. Again if you sometimes don't wear clean clothes, then wear the dirtier ones. Basically do whatever you would normally do for the majority of the time. Be you.
(Remember that if you have put on the claim form that you seldom wash and don't shave etc, the tribunal will expect a dirty unkempt person - if you turn up all nice and clean they might doubt whether what you said on the claim form was actually correct!-)
You have asked about your medication making you drowsy - again no problem - you must take your prescribed meds - otherwise you run the risk of becoming more ill - if you are drowsy etc then it's important that the tribunal see that too.
At the hearing
Usually the tribunal will ask a few general background questions, and then perhaps move onto to each descriptor activity.
What I normally tell clients is that they should take a couple of moments to process the question - do you understand? - if not say so, and hopefully the tribunal will repeat or rephrase. Maybe you don't know the answer, or have forgotten - (remember the tribunal may want to hear about your disabilities at the time of the original DWP decision - it may not matter if everything has stayed the same.) - If you don't know the answer then say so. Your wife or your sister shouldn't really prompt you unless necessary, as the tribunal will want to hear from you. Dates etc maybe something that relatives can help with.
Be yourself and act naturally. Remember that you might well arrive at the tribunal door at the same time as a tribunal member. They will therefore see you. If you have said you need a wheelchair after 50 yards and they have watched jump out of a car and walk quickly to the tribunal building this may not ring true with your claim form. However if you only act in the way you normally do you can not be caught out. You must also be brutally honest, don't tell the tribunal 'yes I can manage' (that means zero points!) Tell it exactly how it is, warts and all, even though this may be difficult and embarassing. (I know that most people who say they 'manage' don't really, but disability often leaves no choice - you have to do things as best you can, even though it takes a long time, is very painful or convoluted, or perhaps messy.)
If you can, read the appeal bundle (which I assume you have) before the hearing.
Get your wife or sister to make a full note of what's said. (Or as much note as possible.) Get them also to note down anything that you might have said that is unclear or contradictory, and then they can either give evidence about this, or ask you to clarify when they have an opportunity to speak. (And yes, they should be allowed to do all of these things.)
Final advice - try not to worry. (Very difficult I know.)
I hope this helps.
Good luck.
Please let us know how you get on.
LL26

Hi Naba

I would take the bundle of papers from the DWP - because you may want to refer to them.

BIS

Hi Naba,
Definitely take the appeal papers, as the tribunal might want to refer to something and you can then rad from the same page. I assume that you have already sent in your medical reports etc?
I usually tell clients that attending a tribunal is like going to the dentist. Sitting there nervously in the waiting room hearing all the drilling noises is enough to put anyone off, even if your dentist is very pleasant! However, if you have toothache you do know you need to go. Probably won't be the nicest experience, and the waiting is certainly the worst thing, but you need to do it. It's kinda the same with the tribunal. I may be biased but I would prefer the tribunal over the dentist anyday!
Best of luck.
LL26