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12 years 2 months ago - 12 years 2 months ago #97073 by nah
Appeal Hearing was created by nah
Hello to all. I sincerely hope this is going to be a happy year for all of us although 'obstacles' are trying to make sure we don't.

I would be extremely grateful if you could help me with a few questions relating to my Appeal hearing next week. I have been placed in ESA WRAG but think I should be in ESA Support Group. I did not have a medical.

I have suffered for many years from depression, anxiety and panic attacks which I stated on my ESA50 form. I said that I could not attend meetings, interviews etc because of my depression and the anxiety and distress it would cause me. However I feel that I should attend the Tribunal Appeal hearing (with a supportive friend) as I strongly feel that my medical conditions have been totally ignored and classed as mere 'nothings'. It seems that I can, within 18 months, miraculously be ready for seeking a return to work. Also as a matter of principle I want to attend the hearing (though not sure come the day that I will be able to do so) . Will there be any comeback if I do attend the hearing? Will they ask how I was able to attend when I have stated that I can not go out?

I also suffer from bowel incontinence and stated on my ESA50 that I suffer this at least once weekly . A medical report from by GP was sent to the DWP stating that I have problems with 'faecal urgency and incontinence, once weekly'. Does this qualify me for the Support Group?

Many thanks for your help. NAH
Last edit: 12 years 2 months ago by slugsta.

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12 years 2 months ago #97075 by slugsta
Replied by slugsta on topic Appeal Hearing
Most tribunal members are decent, understanding people and realise that claimants try o get to tribunal hearings if at all possible. Whilst they may well ask questions if you appear to be managing perfectly well, it is more likely that they will get to you as you really re when under stress!

Yes, if you have extensive, involuntary evacuation ofthe bowels at least once a week this should qualify you for the Support Group

Qualifying for the Support Group

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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12 years 2 months ago - 12 years 2 months ago #97113 by nah
Thank you for yor reply. Unfortunately I am unable to understand your response to my query regarding attending tribunal hearing (which is and will be completely daunting to say the least). Will I be asked how I was able to attend the hearing given that I suffer depression, anxiety and panic attacks?

Also my GP's report says I suffer bowel incontinence 'once weekly'. Does this, by law, cover 'at least weekly'?

Thank you.
Last edit: 12 years 2 months ago by Gordon.

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12 years 1 month ago #97115 by Gordon

nah wrote: Thank you for yor reply. Unfortunately I am unable to understand your response to my query regarding attending tribunal hearing (which is and will be completely daunting to say the least). Will I be asked how I was able to attend the hearing given that I suffer depression, anxiety and panic attacks?

Also my GP's report says I suffer bowel incontinence 'once weekly'. Does this, by law, cover 'at least weekly'?

Thank you.

The panel may take notice of how you enter the room, and it is possible that you may be asked about this, however. the panel risk creating a Catch-22 for themselves, by delving too deeply into your current condition, as by law they are only allowed to consider your condition as it was at the time of the Decision you appealed.

That said, if your claim is based on your mobility or going to places that you are not familiar with, then it would be to your advantage to consider these aspects in your journey to the court, if relevant take a taxi to the door, go with a companion, if you have problems walking, stop and rest as necessary.

Once weekly would suggest that you meet the criteria for Incontinence descriptor, but I would not be surprised if you were asked to explain this in more detail.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nah

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12 years 1 month ago #97133 by slugsta
Replied by slugsta on topic Appeal Hearing
Sorry, I am struggling with a sticky keyboard and failed to read my reply and ensure that it actually made sense!

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nah

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12 years 1 month ago - 12 years 1 month ago #97310 by nah
Hello. Sorry I didn't make myself clear in my original message.

1. As I also suffer from social phobia, what are the consequences of attending the Tribunal ? (I will be attending with a supportive friend and will travel by taxi to the Tribunal.) Will the Tribunal question the fact that although I suffer social phobia I was in fact able to attend the Tribunal? How would I answer the question?

2. If I do not attend the Tribunal will I lose the appeal automatically?

Thank you.
Last edit: 12 years 1 month ago by Gordon.

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