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ESA TRIBUNAL

Posted , 6 users are following.

michael16394
michael16394

Hello, sister has esa tribunal on Monday.Has it's in a court she is quite nervous and is very anxious. What is likely to happen, what questions will be asked and how lo g will it take.Wil she get told there and then if she has failed or won her case ?.Regards, Mick.

0 likes, 32 replies

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  • Bobbybo1
    Bobbybo1 michael16394

    Posted

    Hi. I had a tribunal hearing in the court for my PIP.

    There is a panel of 3 people. Usually all will ask questions. Answer honestly all questions. If your sister takes someone with her for support. They usually let them answer some questions. As long as your sister has submitted enough evidence as to why she has applied to the court for the hearing. Things should hopefully be fine. They told ne straight away, i had been awarded high rate for both care and mobility. Good luck.

    • denise15811
      denise15811 Bobbybo1

      Posted

      Hi Bobby, hope you're well?

      Sometimes at  Tribunal the judge will only let the claimant answer the questions, unless you have an appointee of course. You will sometimes have a nice judge that will let someone answer some questions for you, like what happened with you. It doesn't always happen though. I've heard of lots of stories where others haven't been able to answer questions for the claimant.

      Michael, please don't take that as the Judge will be horrible. Mostly they are very fare, and understanding. They will listen to what your sister has to say. The bad stories you read about Tribunals are very few and far between. Remember 70% of those who appear have a decision in their favour.

    • Bobbybo1
      Bobbybo1 denise15811

      Posted

      Hi Denise.

      I'm quite well at moment. Hope your ok. Yes i should have said i had a representative who had permission beforehand to deal with things on my behalf. XXX

    • denise15811
      denise15811 Bobbybo1

      Posted

      Hi Bobby,

      Glad to hear that! Great to see you posting too. Say hi to your mum for me!

      Take care Bobby xxx

  • BZjkhsdfj
    BZjkhsdfj michael16394

    Posted

    I have checked your concern and maybe this post will be beneficial for you...Have a look: [b]https://www.scomo.com/News/Esa-tribunal-attention-to-detail-and-expert-legal-knowledge-win-appeal[b].html 

    • denise15811
      denise15811 BZjkhsdfj

      Posted

      I'm not sure why you posted a link for a lawyer? They would charge people for the services. No one should have to pay to be represented at a Tribunal for benefits reasons.

    • michael16394
      michael16394 denise15811

      Posted

      Hello Denise,can you actually get someone to represent you in a Tribunal.I did contact a couple of local disability groups but was told that due to cut backs they no longer had funds to help fill in the forms or represent at Tribunal anymore.They stopped this service around 2yrs ago in our area .

       

    • denise15811
      denise15811 michael16394

      Posted

      Hi,

      You can but it's very hard now. This is because of that very reason you said, the lack of funding. Anyone can go with your sister for support but she'll have to answer all the questions herself, unless she has an appointee. The person going with her maybe able to prompt her.

      There are disability advice people that will help to fill in the forms. CAB do them, and a few others too but getting an appointment for this sort of thing is another matter.

    • michael16394
      michael16394 denise15811

      Posted

      Hello Denise,i think maybe this is the route we should of taken,i spoke to a friend who had failed a Tribunal a couple of weeks back.He went on his own and had no help with forms etc.But 3yrs ago he had a representative from one of the disability action groups go along with him and they helped him fill in forms and he won the case.Im inclined to think maybe the Tribunal would of taken more notice of my sister,s case if she was formally represented and had an official organisation help with forms.Maybe wrong,just my own thoughts  Denise.
    • denise15811
      denise15811 michael16394

      Posted

      Hi,

      No, i totally disagree. 70% of people who appear in person, whether it's with a family/friend or represented by someone from CAB, it makes no difference what so ever.

      You can't be awarded a benefit like ESA or PIP if you don't qualify under the criteria, whoever goes with you. Relevant evidence is the only key and nothing else.

      I sent you lots of links and hopefully by now you've both had time to read through everything i've sent. This will have given all the knowledge you need. Now she has to prove that those descriptors apply to her. Good luck.

    • michael16394
      michael16394 denise15811

      Posted

      We are still waiting on Statement of Reason from the courts to come back Denise, then will take all relevant papers to CAB to go over .I thought there would of been a letter from DWP by now stating that the ESA had stopped, but it's 2 weeks on Monday since Tribunal and still not had anything from them.Phone calls have been made , but sister got fed up of waiting for them to answer.Three calls were made, time in total was just over 4hrs .They must be extremely busy.

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