Help required with my appeal to Tribunal.

Meleri

I received the results of their reconsideration last week and have been referred to the Tribunal Service. I too have the sentence you quoted at the end of their letter to the TS.
I was just wondering how long you have waited to get to Tribunal? The decision that I do not qualify for ESA following Incapacity Benefit since 1997 was made in March this year. I am now waiting to hear from the TS hopefully telling me what happens next.
I was 61 last month and will be receiving state pension early September 2014 - why oh why are they bothering with us when there are so many other very able people who are not working
Wishing you every success with your tribunal and please let us know how you get on.

Hi Judith,

I received a letter from the TS 2 weeks after the reconsideration refusal letter. It stated due to high volumes of appeals in North Wales I would have to wait 16 weeks. I have actually waited 26 weeks, but I believe waiting times vary considerable around the country.
Like you I was hoping to migrate from IB to ESA and will be 61 this year in September, but won't get my state pension until March 2015. It's been bad enough having to wait almost an extra 2 1/2 years but I have read recently that I won't be eligible for the new higher state pension either which will be the same for you.
No chance of us Golden Oldies being left alone I'm afraid. Thank you for your good wishes and hope all goes well for you.
Meleri

To those in need of support

Very Important that you take additional medical
evidence from a health care proffessional to the tribunal
that was not available on your initial medical.
From my experience in 2008 my medical was in July
the tribunal was in April 2009. In 2012 medical in May and Tribunal
in March 2013. Both successful. The arrears is the next hurdle.

All Tribunal hearings be they for sickness related benefits ( IB & ESA) or disability related benefits (DLA/PIP & AA) are a complete rehearing of your claim by an independent Tribunal the members of which are Judicial Appointments made by the Department of Justice.

IB & ESA Tribunals are heard by a Tribunal Judge and a Medical Member (Doctor of Medicine licensed to practice in the UK) The Tribunal Judge has the casting vote.

DLA/PIP and AA Tribunals have three members, Tribunal Judge, Medical Member & Disability Member. If there are not 3 members, the Tribunal hearing cannot go ahead.

All panel members have equal say and for the above benefits, it can be a unanimous decision, or a majority decision, i.e. 2-1. The Tribunal Judge doesn't have the casting vote, the Medical Member & the Disability Member can decide a majority decision, which the Tribunal Judge must accept.

All Tribunal Judges must have at least 5 years post graduation of their general law degree.

Older Tribunal Judges may not have a law degree, but will have served a 5 years apprenticeship to be a solicitor followed by at least a further 5 years post qualification.

More information on Law Society website

Jim, thanks for that information. Could you tell me if the DWP ever send a representative to an ESA appeal, if so are they allowed to speak ?
After reading various members experiences and bearing in mind what you have said ALPHA, I went to the GP this morning and we found additional evidence. On the video of a mock tribunal hearing the chap gives his additional evidence to the clerk. Do I give it to the clerk or would it be better to give it to the Judge? How many copies should I give?
It mentioned in the letter giving me the date for my hearing, that if I wanted to give additional evidence it had to be sent 7 days before the hearing, so the information you have given ALPHA was a surprise.
Any more help would be gratefully received.
Meleri

Meleri wrote: Jim, thanks for that information. Could you tell me if the DWP ever send a representative to an ESA appeal, if so are they allowed to speak ?
After reading various members experiences and bearing in mind what you have said ALPHA, I went to the GP this morning and we found additional evidence. On the video of a mock tribunal hearing the chap gives his additional evidence to the clerk. Do I give it to the clerk or would it be better to give it to the Judge? How many copies should I give?
It mentioned in the letter giving me the date for my hearing, that if I wanted to give additional evidence it had to be sent 7 days before the hearing, so the information you have given ALPHA was a surprise.
Any more help would be gratefully received.
Meleri

Hi M,

The DWP sometimes send a Presenting Officer, here is a previous topic on that subject :

www.benefitsandwork.co.uk/forum?catid=10...945&view=topic#80945

bro58