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ESA Tribunal

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8 years 5 months ago #177905 by Short
ESA Tribunal was created by Short
Hi Everyone,

Just wanted some advice, my tribunal is in 2 weeks time and wanted to know the following:

How should i prepare? Have received the papers from the DWP. When applying for the tribunal
sent in detailed account of why i disputed the decision.

What should i take into the tribunal with me?

My husband is coming, will he be able to speak also?

Not great with this sort of thing and I know that i'm going to struggle to speak.

Does anyone have any experience of a Tribunal format in Leicester?

Any advice at all would be greatly appreciated.

Thank you so much

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8 years 5 months ago #177913 by Gordon
Replied by Gordon on topic ESA Tribunal
Short

You should take all of the papers sent to you by the Tribunal Service, this will include the papers sent to you by the DWP and you should have received a copy of your own papers from the TS.

Your husband will be allowed to speak, but the questioning will be directed at you and he should not answer in your place although if he thinks that a key issue has been missed in your response then he should speak up.

As to preparing, make sure you are familiar with your response and arguments. I would not bother making a "plan" for the hearing, I did this on my first appeal and it fell to pieces within a couple of minutes :)

I would try and relax the day before and try not to think about the hearing, easier said than done, but you will be better served going in relaxed than tired and anxious.

Good luck for the day.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 5 months ago #177973 by Short
Replied by Short on topic ESA Tribunal
Hi Gordon

Thanks for your message.
I haven't received anything from the Tribunal Service themselves apart from the letter stating when and where.

I did receive the big wad of papers from the DWP which was essentially most of what i had sent in and their response to the appeal.

Do i need to go through each point the decision maker has written and say why i disagree?
Also if i make any notes to take in to remind me of things i may want to add will i be able to
use this, i came across a chat and the person said they were not allowed to look at the notes they had taken in with them.

Thank you again

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8 years 5 months ago - 8 years 5 months ago #177989 by Gordon
Replied by Gordon on topic ESA Tribunal
Short

You said in your original post that you had sent a "detailed account of why i disputed the decision", you need to go through this, the DWP bundle and your PIP2 ESA50 to make sure that you have covered any issues that have been raised.

You will win your appeal by showing that you meet the PIP ESA Criteria for an award, so make this your priority, you should not ignore what the DWP have said but try and deal with issues of fact rather than the opinions of the assessor.

Have a look at the following

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

MOJ Video of ESA Appeals Process and Tribunal

Any submission that you make must be with the TS no later than seven days before your hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 5 months ago by Gordon. Reason: changed PIP to ESA

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8 years 5 months ago #178003 by Short
Replied by Short on topic ESA Tribunal
Hi Gordon

I have had nothing to do with PIP, should i be looking into it?

So if this is the case, what should i be focusing on?

Thanks

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8 years 5 months ago #178010 by Gordon
Replied by Gordon on topic ESA Tribunal

Short wrote: Hi Gordon

I have had nothing to do with PIP, should i be looking into it?

So if this is the case, what should i be focusing on?

Thanks


Sorry the references should have been to ESA and not PIP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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