Had my ESA Tribunal today

Unfortunately I didn't get enough points.

During the ESA Tribunal, does the judge look at your condition from the day you first applied for ESA to the date of the decision not to give you ESA or must the judge solely look at the day the decision was made that you were not to be awarded ESA? At my ESA Tribunal I was told by the doctor, she could only look at my condition on the day of the decision not to give me ESA was granted. A day that I really have no memory of and a day that nobody alive can verify what I say I was like.

The doctor took the role of the judge, introduced the case and told me that with her questioning there was no need to look at the bundle of documents at all as she was solely looking at the day of the decision. She told me to, ‘Look back to that day in February when there was all that snow....’. She interrupted me constantly during the hearing and completely muddled me by her interruptions saying, 'Don't mention that, I'll ask you about that later or I have a question about that to ask later on.' I was not asked questions relating to all the descriptor points I was appealing against and the judge did not ask a single question! He just sat there grinning and nodding!

When they told me I wasn’t to be awarded ESA, I told them I would appeal and said to the judge you didn’t introduce or set out the case, you didn’t ask any questions and I wasn't given an opportunity to put my points across. He stopped grinning at that point and looked a bit grumpy.

I'll be interested to hear your views on this. I'm no longer on ESA and am now working and the judge said, 'If you were unemployed I'd be telling you now you have to claim JSA but since you've got a job, that doesn't apply does it?' I thought that was so rude!

And... When I told them I had a job early in the hearing, the doctor looked at the judge and said, 'That's good isn't it?' I am so glad I didn't see these clowns when I was ill and desperately needed help and support.

I was ill for over a year and had to go into severe debts to pay for my needs. Yes, I am working but I am still in debt because of the costs of recovery and I am by no means bionic now. I still have health issues and work around them, albeit part time.

Thanks for reading and thanks in advance for your comments and advice.

Dear Gordon

Thanks for your response. I have been through this with DLA, all the way through to the UT and back and won.

What struck me today, this being the SECOND Tribunal I have been to where procedures were not followed was how much money these people waste by not following procedures. If they did their job properly and then came to the wrong decision that would be bad enough, but to have a situation where the Judge is silent throughout the whole hearing and the doctor is asking the judge, 'I'm right, this is the right understanding of the law, isn't it?' is totally ridiculous.

The judge is there to represent the legal view and the medic the medical one. The doctor did not ask me one medical question! It was completely bizarre and a total waste of my time, energy and taxpayers money.

Can't wait to read the Judge's Statement of Reasons and get the record of the proceedings. I really feel for those who are still very sick and have to deal with this. All I can say is keep strong.

I will follow all the links you have given me Gordon and thanks again.

I am appalled to read this! I wish you success in your appeal.

Thanks IE.

Your support is greatly appreciated.

Best wishes

This is frightening me more than I am already - my appeal is next Wednesday the 20th November - do not think I can cope with incompetent professionals on top of everything else they have put me through for 11 months.

Did you attend on your own?