phil67 wrote: Hi,I've got my appeal in two days I have all my extra evidence with me and I'm going it alone,the wca handbook states if a person can walk into the garden then they can say that person is able to walk 200 meters,now I said at my interview I could on a normal day that I could walk into my garden but don't have many normal days and my garden is lucky if ii is twenty meters long,can I argue the case or will they take the wca stance on the 200 meters I've extra medical evidence as well to back my claim as well.
I am concerned that you say that you have your "extra evidence with me", it should have been submitted to the Tribunal Service at least two weeks in advance of the hearing. If it has not been sent to the TS, then I would recommend that you get to the hearing early and ask to speak to the Clerk of the Court about getting your evidence copied and read by the panel.
Tribunal's are inquisitorial, so there is no presentation of the "prosecution" case followed by the "defence" case as there is in a criminal case, the panel will ask you questions about how you meet the ESA descriptors and at the end you will have a short period to make a statement and clarify any points that you feel are still unclear.
The following video may give you an understanding of how the hearing will proceed.
MOJ Video of ESA Appeals Process and Tribunal Good luck
Gordon
