Advice on a tribunal

[Karatekid11]

Can anyone give me advice on what evidence I can use for a tribunal. I do not have any documents to send. I have got osteoarthritis in most of my joints and suffer from fibromyalgia. I struggle to look after myself on a daily basis I am exhausted constantly from pain. Universal Credit say that I am fit for work. I see an occupational therapist, physio and have had CBT therapy for anxiety and depression

[Dizzytwo Moderator]

Hi, If you have been diagnosed with OA I'm guessing there would be Xrays or blood test results showing that you have this painful problem. You could ask for a copy of these results from your GP. Maybe also ask the person your seeing for your CBT and physio for a note you started treatment and what medications you take. There is quite a bit of information you could gather for a tribunal. Maybe ask your GP also for a copy of your records stating your health problems and when you were diagnosed. Maybe one of your old prescriptions for medications you take for your pain / fibro would also be good.

Momo

[Karatekid11 in reply to Dizzytwo]

Thank you I will do that

[Disheartened]

It may be useful to put a daily diary together noteing how your day to day challenges effect / prevent ability to take care of your basic needs . Might i also mention citizen advise may be able to help you at tribunal .worth a look . There are also would support services within local council who possibly be supportive . Wish you the best going forward .

[Disheartened in reply to Disheartened]

Adult support services.

[Jint71]

Hi, you can also contact welfare rights if you are under a social worker, occupational therapist or other health professionals. I’m not 100% sure of the access so maybe look online for confirmation. Keep up the good work, as your tribunal matters. Janet 🙃

[jumpingfrogs99]

I DON'T HAVE anything much either iv got two diagnoses letters , but i am so super sensitive to meds i dont take any , and as every time i go to the doctors with anything she just puts it down to fibro, i never get to see anyone , about anything that might not be related to fibro , ALL i can say is dont do it alone get help from CAB they are still working via phone there best for advice

[melby76]

Hi KarateKid11,

I’m new here, but thought I would reply. I’m an advisor at a large well known charity.

Eligibility for both UC and PIP is based more on how your health problems affect you more than the diagnosis. For that reason, consider putting a 2 week diary together explaining your symptoms, and what you can and can’t do because of your symptoms each day. If you can only do something with help, or have to get someone else to do things for you such as cooking, cleaning, washing, undressing, or even getting about, note it down! Your medical records and diagnoses simply help to back this up.

Also note, that you can ask your Gp surgery to print your records off for you, and this alone should highlight your symptoms. You can also ask the medical professionals you are working with to write you a supporting letter.

Unfortunately, eligibility for both of these benefits is not based on the actual diagnosis itself, but how it affects you. Also note how your medication affects you too. They are looking to see that you are affected several days a week, as opposed to a few days every couple of weeks or a bad bout of pain that lasts a few weeks but only happens a few times each year. If you are affected by your medication daily and you have tried several types, this may be enough.

If you attended an assessment, then it would be helpful to look through the assessment report. If you don’t have this you can ask for a copy. You can look for inconsistencies in what you said and what they have reported. Highlight these and list them.

Your local cab if you have one, may have access to expert tribunal representation to help you. We have an expert team in my area linked to our city council. It would be worth you getting in touch to find out what resources are available in your area to support you.

It may also be helpful for you to attend the tribunal hearing, rather than have it heard in your absence. The visual sight of you being in pain is often enough for the tribunal panel to conclude a different decision. I have met clients who were turned down at tribunal because their painkillers had kicked in and alleviated their pain. I am also aware that claimants are sometimes watched to see how they even walk into the building, whether they need to move around in their seat, how they leave the building etc. All of this (although it shouldn’t be) is often taken into account (at both the original assessment and tribunal).

You may also wish to apply for PIP too, you are entitled to both, but the indicators/criteria for PIP is slightly different. However, the indicators/criteria are listed on citizens advice online.

Hope this helps and good luck.

[Blossom23 in reply to melby76]

Hello

The tribunal is nerve racking enough .BUT be careful from the time you leave your home as I had a comment about the lady had seen me outside . I had my tribunal in Bedfordshire and l was outside watching the ducks on the river. After travelling a long way I was very fatigued and in my wheel chair. I was so tired and in pain

the travel had drained me although my partner had driven me . We had to leave home extremely early. It was a long day but worth it. I chose to

have my tribunal away from where I live as I had already waited a year and I had probably up to another year to wait. Best of luck with yours . I could hardly talk so my partner commented that I was drained he was told to be quiet. That made me more nervous.

[Julesubu]

Gp will do letter for small fee ask for copies of x rays scans etc. OT may do report if ask.

[LaurieLee]

Join this website on FB and they can give you more info to help you. It’s called UK M.E. & CHRONIC ILLNESS BENEFITS SUPPORT GROUP

it’s great website for any type of benefits, including tribunal info. Has helped me and other fibromites a lot.

[releasethemagic]

As well as GP records ask for hospital records including copies of all letters from them to your GP. A list of all your medication from your GP will also be helpful. Your OT is well placed to write a letter in support of your appeal focusing on the Daily Living and Mobility activities for benefit.