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Unsuccessful Tribunal Hearing 10 years 1 month ago #24787

  • Georgina
I was unsuccessful at my tribunal for ESA and don't know how to proceed now regarding benefits. My doctor signed me off for 2 months which has still got 1 month to go. Do I have to go to the Jobcentre to sign on? How can I do that if the dr has signed me off as unfit for work? I've been getting ESA at the assessment rate since losing the initial appeal.
I have CFS and the tribunal judges didn't seem sympathetic or knowledgable about this illness. I tried to represent myself as I was too tired to arrange representation. This was a big mistake as I got confused, and would advise anyone in my position to get a competant representative.

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Re:Unsuccessful Tribunal Hearing 10 years 1 month ago #24800

  • Barkthedog
I would imagine (and that is all it is, because I have little knowledge of CFS) that unless you are a really chronic sufferer - a tribunal will not be able to seek appropriate reference material; as so much is still not known about CFS.

You may well be a chronic sufferer, in which case with the right level of medical support I would have thought you could get somewhere with this.

So much has been written in the late 20th and early 21st centuries on CFS I guess there is still no one conclusive cause (clearly there was never going to be) and this in itself must make it very difficult for a tribunal to rule appropriately.

Do you have the right to appeal or is that it now?

BTD

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Re:Unsuccessful Tribunal Hearing 10 years 1 month ago #24806

  • Georgina
I could appeal to the upper tribunal, but I can't see that I will have any more success there really.
The condition is so variable from one person to another and a common assumption is that you haven't got it if you aren't bed-ridden. The truth is that you can feel so different from one hour to the next depending on what is happening in your life and how you manage to pace your activity.
The ESA forms only seem to allow for a more regular degree of incapacity, which makes it difficult to fulfil the criteria, as if you say you can do something one day but not the next, they put you down as being able to do it so you don't get the points.

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Re:Unsuccessful Tribunal Hearing 10 years 1 month ago #24813

Hi Georgina

Sorry to hear about your appeal result. I can’t answer your question regarding what benefit to claim while you still have a sick note covering you; I’ll be watching this thread to find out the answer.

I would suggest that you apply for a full Statement of Reasons for the decision. There is no way of knowing what the Tribunal were thinking or how they made their decision without it, and if there are any gross errors or incorrect facts that they relied upon to justify their decision, you may have grounds for an Upper Tribunal appeal and could seek further advice.

I’ve spent a lot of time studying UT decisions as I’m in the process of appealing to the UT myself. Tribunals often make mistakes that you wouldn’t expect a 12-year-old to make. They often make misinterpretations of law regarding frequency and variability. The UT normally does not need to judge your condition but only looks to see if the Tribunal made errors in assessing the evidence and reaching a decision, and there is no obligation to take matters further when you receive a statement of reasons.

As for CFS, it shouldn’t really matter how much is known about it, as long as it is accepted as a disability. You either can manage an activity or you can’t as a result of CFS. I think that is all a Tribunal needs to focus on.

Best wishes

Derek

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Re:Unsuccessful Tribunal Hearing 10 years 1 month ago #24824

  • Georgina
Thank you for that advice Derek. I will apply for the statement of reasons and see where I go from there. The tired part of me wants to give up, but the part of me that hates injustice wants to take it further.

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Re:Unsuccessful Tribunal Hearing 10 years 1 month ago #24846

Hi Georgina. Get face to face advice as soon as you can. If you have a hospital consultant could you get a report from them? Your GP notes will have copies of any hospital letters you can get copies from your practice manager. Best Wishes

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Moderators: GordonGaryBIS