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Tribunal submission
- Gordon
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13 years 6 months ago #28336 by Gordon
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Tribunal submission was created by Gordon
Hi everybody
I'm looking for some advice regarding the level of detail to include in my tribunal submission. I have asked for a oral hearing.
First, where is the balance point in terms of including content. I am happy with the major issues and clearly do not want to nit-pick, but what about the items in-between? Is there a magic number of items to include?
Secondly, should I avoid repetition of the same point. I suffer from ME/CFS so a major aspect of my case is rest. I shop every week and it was noted in the medical summary that I need to recover for two days after, however, on a number of the tests the shopping is included without the the associated rest period.
Lastly, is it reasonable to challenge conclusions based on facts not in evidence?
Thanks
Steve
I'm looking for some advice regarding the level of detail to include in my tribunal submission. I have asked for a oral hearing.
First, where is the balance point in terms of including content. I am happy with the major issues and clearly do not want to nit-pick, but what about the items in-between? Is there a magic number of items to include?
Secondly, should I avoid repetition of the same point. I suffer from ME/CFS so a major aspect of my case is rest. I shop every week and it was noted in the medical summary that I need to recover for two days after, however, on a number of the tests the shopping is included without the the associated rest period.
Lastly, is it reasonable to challenge conclusions based on facts not in evidence?
Thanks
Steve
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- jules Baggs
13 years 6 months ago #28337 by jules Baggs
Replied by jules Baggs on topic Re: Tribunal submission
Hi Steve, For which benefit is the tribunal, please?
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- Gordon
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13 years 6 months ago #28347 by Gordon
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Replied by Gordon on topic Re:Tribunal submission
You spend 5 minutes checking the thing and still forget the most important bit 
Its ESA. I scored 0 points from the WCA, unfortunately didn't find B&W until after, so playing catch-up.
Its ESA. I scored 0 points from the WCA, unfortunately didn't find B&W until after, so playing catch-up.
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- jules Baggs
13 years 6 months ago #28353 by jules Baggs
Replied by jules Baggs on topic Re:Tribunal submission
You need help, mate. Phone the CAB, I would, if I were you. The stats are sobering, 40% of appellants succeed if unrepresented, rising to 79% if represented. I lost my ESA appeal, I heard today, because I have FMS and can do everything in the ticklist at least once. My symptoms are irrelevant as far as the DWP are concerned. I didn't have representation and I don't know if that would have made a difference but the stats suggest maybe it would. What the judge at the appeal said to me was that they can't allow appeals just because they sympathise with the appellant, they can only uphold the law. Sadly, at the moment the law is that if you can do everything on the stupid tick list, then you are fit for work. Best of luck, really.
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- Steve Donnison
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13 years 6 months ago #28355 by Steve Donnison
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Replied by Steve Donnison on topic Re:Tribunal submission
Hi Stephen,
One approach is just to decide which descriptors you consider apply to you and then assemble the evidence for each descriptor.
If you're doing a written submission lay it out so that the tribunal can easily see which descriptors you say apply and what evidence you have that supports you.
Don't worry so much about ripping the medical report to shreds as about convincing the panel that there is sufficient evidence for them to be able to award you the points.
You can briefly say why the evidence provided by Atos for any particular descriptor is not to be relied upon, but the main thing is to convince the tribunal about the evidence in favour of awarding points.
And don't worry about repetition in relation to things like fatigue - treat each separate descriptor as a stand-alone case and repeat as much as necessary.
But there are no rules about submissions and I', sure other people will have different ideas.
Good luck,
Steve
One approach is just to decide which descriptors you consider apply to you and then assemble the evidence for each descriptor.
If you're doing a written submission lay it out so that the tribunal can easily see which descriptors you say apply and what evidence you have that supports you.
Don't worry so much about ripping the medical report to shreds as about convincing the panel that there is sufficient evidence for them to be able to award you the points.
You can briefly say why the evidence provided by Atos for any particular descriptor is not to be relied upon, but the main thing is to convince the tribunal about the evidence in favour of awarding points.
And don't worry about repetition in relation to things like fatigue - treat each separate descriptor as a stand-alone case and repeat as much as necessary.
But there are no rules about submissions and I', sure other people will have different ideas.
Good luck,
Steve
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13 years 6 months ago #28367 by Gordon
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Replied by Gordon on topic Re:Tribunal submission
OK - I think my terminolgy may have caused confusion, apologies if it has.
Let me confirm again that I am going for an oral tribinal not a written one.
I received my tribunal packet of information about two weeks ago and as I understand it I need to notify them of any evidence I want to include within 4 weeks of the package date, my tribunal is unlikely to be before 2/2011.
I've asked my GP and counsellor to provide written reports, but neither can give me a date for completion, so I intend to submit them later.
However, I thought I needed to submit a written explanantion of my case at this time as well, albeit that the detail of this will be discussed at the tribunal? I did not supply any evidence with my appeal request, which is why I was considering doing it now.
I will be contacting the CAB, however, my experience of their capabilities to date has been less than inspiring. Our local CAB person was unable to tell me that I could claim ESA in the first place, having managed to by-pass him and get to his superiors in the next town, they weren't able to tell me anything I hadn't, by that time, found on the internet.
Steve
Let me confirm again that I am going for an oral tribinal not a written one.
I received my tribunal packet of information about two weeks ago and as I understand it I need to notify them of any evidence I want to include within 4 weeks of the package date, my tribunal is unlikely to be before 2/2011.
I've asked my GP and counsellor to provide written reports, but neither can give me a date for completion, so I intend to submit them later.
However, I thought I needed to submit a written explanantion of my case at this time as well, albeit that the detail of this will be discussed at the tribunal? I did not supply any evidence with my appeal request, which is why I was considering doing it now.
I will be contacting the CAB, however, my experience of their capabilities to date has been less than inspiring. Our local CAB person was unable to tell me that I could claim ESA in the first place, having managed to by-pass him and get to his superiors in the next town, they weren't able to tell me anything I hadn't, by that time, found on the internet.
Steve
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