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    Fibromyalgia Action UK
    38,769 members • 51,038 posts

    After the tribunal-waiting forever!

    After I failed my ESA tribunal back in May I wrote to the tribunals service asking for a statement of reasons and judges comments. After a month of waiting I phoned them only to be told that it usually took 6-8 weeks to get them sent out. Apparently they have to put my request to the judge who has to write them up ( just what the hell was he doing all through my trial - sorry, tribunal, then?) He then sends them to the tribunals service who put them into their files and will then send me a copy. And this is the age of computers when you would think things would happen a lot quicker! I really don't trust the judge as his typing all the way through was slow, he kept making mistakes and asking me to slow down as he couldn't keep up. He could write absolutely anything and nobody would know any different. Well, the 8 weeks is nearly up, but I won't hold my breath. After all this, I don't suppose I'll be able to find anything against them and now I'm starting to fill the forms in again ( more misery ) but I won't give up. I will prove that I need benefits, even if the stress finishes me off!

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    You sat through a trial so I think he should have stated what law was used for denying your appeal, so at least you would have some idea why he came to this conclusion and had a chance to defend yourself.

    The part I don't like the sound of is the judge typing, I have not seen or ever heard of this before, normally courts/tribunals employ a Stenographer for this. The judge should not be doing this job and it might be a good reason to have your appeal heard again, properly this time.

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    Thanks esagestapo, you've made me think about what went on in a whole new light. The doc was writing things down, but the judge was typing and really wasn't very good at it. At one point he cursed the laptop for running out of charge, fiddled about in his case trying to find the charger and then had to move his chair to get at the plug behind him. My already shredded nerves got worse by the second and when he asked me at the end if I had anything else to say, all I could say was no although there were things I should have said. Just couldn't wait to escape! When I do eventually get the notes it'll be interesting to see what he's put. The only problem will be it's my word against his if I think he's said anything wrong.

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    It is not really a case of the judges word against yours, the decision he made must be based on relevant facts and in accordance with the law. When you receive the SOR, if you think relevant facts were ignored and you can't find any reference to what law was used, you should appeal to the Upper Tribunal.

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    Why was the judge typing? Was the stenographer off that day doesnt sound at all right. Shame you didnot have a representative to go with you.

    Anyway it is done now so fingers crossed for the outcome. Don't forget to let us know.

    xgins

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    Hi, this is my first post; after reading many others post over last year or so. I have had Fibro for 15 years and much much worse since having my first/only baby boy 2 years ago, a traumatic 72 hour labour has left me 2 years on very unwell, such that I had to give up my part time job last year- as a Drama/ basic skills teacher with special needs adults after 7 years. Anyhow, I wondered if anyone can help or advice me regarding my most recent challenge...I appealed @ a tribunal as I was on high rate mob and middle rate care and believed I was entitled to high rate care due to needing help almost all the time and esp @ night as I cannot turn in bed etc unassisted. Anyways, I went to tribunal in maidenhead on Friday gone and just got reply/decision and am stunned that they have ruled to take my award COMPLETELY away!!! as of last year! I am absolutely gob smacked and feel the whole thing is a farce! The tribunal was AWFUL! The judge continually rushed me and spent most time with his head down making notes and the other two ladies kept trying to confuse me and catch me out and put words into my mouth! I felt they completely airbrushed the proceedings and didn't even give my husband/rep a chance to say anything or support me. It was very dehumanising and cold and I am so upset by it! I have asked for a SOR which I hope will help me see where they've made grave over sights and appeal to the higher tribunal. I can't believe this is actually happening! As Fibro sufferers we have so much to contend with already everyday and then these white collared ignorant people make cold, harsh and oblivious decisions that make everything feel like an endless battle!...Does anyone have any experience of this? or can anyone offer any help/advice please??? gentle hugs. Mamta xxx

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