Can anyone help with ESA tribunal?

[sharelle]

Hi all, I have to go to tribunal as my appeal was rejected for Employment Support (old Incapacity Benefit) and wondered if anyone had any useful tips or information that I would find useful. Has anyone had to go to tribunal, if so what happens?

[joe69]

Yes it's hard....all I can really say is, stick to your guns....keep a step ahead of them, yes it will be hard, I've been where you are....

It drains you, you feel there is nout wrong with you...but as I said, you stick with your story... take proof with you, scans, x-rays, docs letter ( may cost you ) and any other proof of your ability...

I wish you luck...please do me one thing....and that's don't give up....

Joe

[Calceolaria]

I have assisted people in completing applications for all kinds of entitlements. My advice is to try and keep in the front of your mind, how you feel and how you function on your worst day of pain or disability. Try not to be defensive but be clear and firm in your answers. Take someone with you because it's easy to miss something when you feel under attack. Good luck although it grieves me that genuine applicants should need it.

[Tomthumb03 in reply to Calceolaria]

Thank u it awful all this so many us going g thru same battle 's it terrible to drain now got papers writing pad lookin at think how we're do I start x

[Hidden]

It's hard with out knowing whats wrong with you. Send all your medical records, downloaded documents photographs. I made two videos of me trying to do thinks and put them on a DVD capable of being played on a TV.

Walked in expecting to be grilled to be told we don't need to ask any questions we are grantiing you an exception

[dogbreeder]

The thing is with ESA is they are not interested in your condition just what you can and can't do. look up the critira of there forms these should be available with search's on the web if not get back to me. They have something like 12 questions and they score you one each one just like the DLA/ PIPS but they have very little to do with the truth of living day by day.

Once you have the list you can try and score yourself on there inadiquate system see how you do. Good luck

Do not be put off because thats what they want I can't remeber the exact figures but at least half of all appeals are turn over so try again. I reminds me about when i first application for DLA i was regeted and no-one arround me had the forsight to know that 50% are regeted the first time because they want to put you off on the second time I received what I needed but over a year between each application so I lost out big time.

[Hidden]

benefitsandwork.co.uk but you will have to pay for the full information, helpful nonetheless.

[Tomthumb03 in reply to Hidden]

I have take pic my bruise diagram point out were explained to how Wat pains cause me I got medical record letter from doctors specificaist how suffer over ten Yr an with mental health issues us say bipolar personal it disorders emotional state anxiety panic attack lost from lose burning child lost at birth 2003 I lost it all family home younger children admitted hospital Al yr on off break DWN had lot in pact concelln cbd program and as do drug batter rape just carried on life aswell all this got worse always figtn to survive no help support yet I used be the e heart sole everyone help heart gold still try wen have good day find it hard admit anything to g me hate labels judge seems b one thing after another o sorry keep moaning so stress it on own try lady today who rude got noth done x

[ladybear]

I have been through the Tribunal and was awarded. By the time you get to the Tribunal you have been through Assessments and forms that dont listen to your real life issues and it is natural, as I did, to think that the Tribunal would be the same with the screws turned even tighter. I was surprised to find this was not the case so please take heart. However, it is like a court so what you present must be clear, concise and accurate. I divided up my Tribunal documents in sections with an Index at the front making it easy to access and read. I sectioned my employment history and why I had lost jobs (in my case medical conditions ongoing) how it affected others in workplace and how my employer could not get expected performance from me. I listed all my illness/treatments/what worked/what didnt and how things are today. You get the idea. If you prepare your papers in the same way it is easy for you to add new information and to follow your own case as a whole. I downloaded a lot from the Internet. Mostly cases such as mine held before Court/Tribunal in USA and the outcome.

Finally sum up with a A4 sheet at the front that list concisely your reasons for being unemployed and what would happen (how it would affect you) if you were made to work. Its not just about you as an employee but also what is realistic an expectation for an employer to expect from you. The members of the Tribunal will have read through all your papers before you appear before them because you will have sent in the Appeal and kept a copy for yourself. They will concentrate on ONE or TWO points that they need to ask you about : to see if you are telling the truth and also to settle themselves how it is in Law etc. Please be assured you will not have to go through everything in your Appeal and you will be treated with respect as a flesh and blood person AT LAST!

I have read that people who actually appear for the Tribunal and have presented their case as well as they can ahead of the day, will generally win their Appeal. Amazingly some people do not even turn up. As I have said, they are in reality a Court so obviously that does not impress. They need to see you as a person and weigh up the evidence etc for an informed decision.

Please be encouraged that this could well be the 'light' at the end of the tunnel for you. Just be concise and business like and the rest is in their hands.

Good Luck. Let us know how you get on

Incidentally when I got my Decision from the Tribunal as Upheld and took the paper to the Job Centre, they didnt have a clue what to do with it and had to seek advice from someone higher up. Says it all really lol

[Tomthumb03 in reply to ladybear]

Thank you my heads all over place worry so much anxiety build up it lady suppose help write up paper me doin noth to support me writ up very well even try speak up myself tel her esa woman rude tel me shut up twisted everything and x

[sharelle]

Thank you to everyone for all you advice and tips. You have all been very helpful and there is a lot here I can use. Kevscar, I have had 2 lumbar spine fusions due to facet joint disease, bilateral sacro iliac joint fusions, Wallace ligament and metal removal. I have been in constant pain of my back, glutes, hips and thighs since I was 16 (now 40). Have had several steroid injections, tried all meds, and now have pubic bone degeneration, bursitis in both hips and disc problems and bulges in my thoracic spine! Not much at all and they say I can work! They made no reference to my appeal letter when they turned my appeal down so hope the tribunal will look at me as a human. The sad thing is, I had to give up work 5 years ago and it was the hardest decision I had to make. I was very ambitious and career driven and it took me two years to admit defeat and give up my career. I'm certainly no sponger (although its those that ruin it for us genuine people) and never had to claim benefits before and its not something I want to have to do but it is essential in order for us to keep our house. Thanks to you all again

Sharon

[johnsmith]

Research, research and yet more research. ESA is not incapacity benefit. Find someone in your local area who knows employment law. There are charities which specilise in this.

If you can find your local charity who specialise in this then you should be able to find someone who can accompany to the tribunal.

Can you show that your health will deteriate badly if you engage in emplyment type activities. Have you got medical evidence to back this up. You do need specialist advice. The CAB is not specialist enough although the CAB in your area may be able to give you the names of agencies which specialise in handling ESA and employment law.

Sorry I cannot help you further because I do not know where you are based so I cannot suggest any charitable agency to go to.

[Tomthumb03 in reply to johnsmith]

Jobcentre seen me keep say u need claim esa look state we can see not well enough an put it on there note 's jus only I come an pip in mess memory mental health condition year 's an cpn nurse regularly out to me they even said shud gave u15poi to jus on that I'm based Tamworth ways got go rhemotoligist physio acupuncture an go make appointment Dr ranjum mental health nurse doctor gain social point access due visit I hide lot try act like OK put face on but behind close door lay up day week go out twice for nite bed or softer blanket do bits reading meditating music discretion off pain just so stress fed up fight altime in such mess x this is only place recently found pole talk to in same boat me goin thru stress struggle with illness hate frustrating me admit I am ill scare me admit it lately wen yous be little survive r fight help look after everyone now lost relationships friends hate it all on upside try turn it to positive this good site all us I start search read lot educate me what is out there how can get on meet up support site etc x

[mapadale]

It can be very nerve racking, but essentially its a pretty easy process to go through.

I've done 2 so far, lost the first one, though could have appealed on the grounds that DWP falsified documents, but no one told me about the process and so missed out on that one.

My second one, was a continuation of the first one. I asked for a mandatory reconsideration, they refused and I successfully appealed. The court will have your full medical records and so will know everything about you and your past medical history.

Just be honest with them about how bad your life is and make sure to answer the questions, as in-depth as possible. I had one question asked me 3 times and I wouldn't budge on the answer I gave them, even when they asked with hypotheticals.