- Posts: 8
× Members
Help Please with Tribunal
- nikki
- Topic Author
- Offline
Less More
10 years 5 months ago - 10 years 5 months ago #113612 by nikki
Help Please with Tribunal was created by nikki
Hello
I was wondering if anyone can give me some advice.
I am agoraphobic and was receiving incapacity benefit for a number of years. I was reassessed for ESA and put in the work related activity group. I appealed this decision and the tribunal is coming up soon. I don't think I will be able to attend as I am agoraphobic. Will it be detrimental to my tribunal if I don't go? I could probably force myself to go but it will have very bad effect on my health and cause even greater anxiety and I know I will get very distressed.
If anyone has any advice, I would be very grateful. Thank you
I was wondering if anyone can give me some advice.
I am agoraphobic and was receiving incapacity benefit for a number of years. I was reassessed for ESA and put in the work related activity group. I appealed this decision and the tribunal is coming up soon. I don't think I will be able to attend as I am agoraphobic. Will it be detrimental to my tribunal if I don't go? I could probably force myself to go but it will have very bad effect on my health and cause even greater anxiety and I know I will get very distressed.
If anyone has any advice, I would be very grateful. Thank you
Last edit: 10 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51111
10 years 5 months ago #113615 by Gordon
I am afraid the success rate for appeals where the claimant does not attend are significantly lower than for those where they do.
Of course, it is a Catch-22 for those like you who suffer from agoraphobia and other such illnesses, as attending can in itself reduce your chances of being successful.
Can someone take you to the hearing they should be able to sit next to you during the hearing?
If you do attend, be prepared to answer questions n how you managed it!
Gordonb
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help Please with Tribunal
nikki wrote: Hello
I was wondering if anyone can give me some advice.
I am agoraphobic and was receiving incapacity benefit for a number of years. I was reassessed for ESA and put in the work related activity group. I appealed this decision and the tribunal is coming up soon. I don't think I will be able to attend as I am agoraphobic. Will it be detrimental to my tribunal if I don't go? I could probably force myself to go but it will have very bad effect on my health and cause even greater anxiety and I know I will get very distressed.
If anyone has any advice, I would be very grateful. Thank you
I am afraid the success rate for appeals where the claimant does not attend are significantly lower than for those where they do.
Of course, it is a Catch-22 for those like you who suffer from agoraphobia and other such illnesses, as attending can in itself reduce your chances of being successful.
Can someone take you to the hearing they should be able to sit next to you during the hearing?
If you do attend, be prepared to answer questions n how you managed it!
Gordonb
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nikki, Jannigran
Please Log in or Create an account to join the conversation.
- nikki
- Topic Author
- Offline
Less More
- Posts: 8
10 years 5 months ago - 10 years 5 months ago #113622 by nikki
Replied by nikki on topic Help Please with Tribunal
Hello Gordon
Thank you for the reply. My Mother can go with me, and I was going to ask my Doctor for some beta blockers or something similar. As you say though it is a catch 22. I was thinking of asking them for a home visit as I understand that they will sometimes do that. Another possibility I was thinking maybe they could do a Skype video interview call? Has anyone done that do you know?
Thank you for the advice
Thank you for the reply. My Mother can go with me, and I was going to ask my Doctor for some beta blockers or something similar. As you say though it is a catch 22. I was thinking of asking them for a home visit as I understand that they will sometimes do that. Another possibility I was thinking maybe they could do a Skype video interview call? Has anyone done that do you know?
Thank you for the advice
Last edit: 10 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51111
10 years 5 months ago #113626 by Gordon
Domiciliary Hearings can be held but they are extraordinarily rare, I know of only two happening in the last three years, but there is no harm in your asking, you will undoubtedly need the support of your GP to provide a letter stating that your attendance at a Tribunal venue would not be possible, even then it is entirely down to the panel.
I have never heard of a hearing being held over Skype or the equivalent, again you can ask, but I would be very, very surprised if it was accommodated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help Please with Tribunal
nikki wrote: Hello Gordon
Thank you for the reply. My Mother can go with me, and I was going to ask my Doctor for some beta blockers or something similar. As you say though it is a catch 22. I was thinking of asking them for a home visit as I understand that they will sometimes do that. Another possibility I was thinking maybe they could do a Skype video interview call? Has anyone done that do you know?
Thank you for the advice
Domiciliary Hearings can be held but they are extraordinarily rare, I know of only two happening in the last three years, but there is no harm in your asking, you will undoubtedly need the support of your GP to provide a letter stating that your attendance at a Tribunal venue would not be possible, even then it is entirely down to the panel.
I have never heard of a hearing being held over Skype or the equivalent, again you can ask, but I would be very, very surprised if it was accommodated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nikki
Please Log in or Create an account to join the conversation.
- nikki
- Topic Author
- Offline
Less More
- Posts: 8
10 years 5 months ago - 10 years 5 months ago #113629 by nikki
Replied by nikki on topic Help Please with Tribunal
Hi Gordon
Thank you for the quick reply. Is there a standard letter I could take to my GP to support my appeal?
Thanks
Thank you for the quick reply. Is there a standard letter I could take to my GP to support my appeal?
Thanks
Last edit: 10 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51111
10 years 5 months ago #113633 by Gordon
I'm afraid not, it needs to be written by the doctor and to state that you are always precluded from going out, you will not get a home hearing if you can sometimes go out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help Please with Tribunal
nikki wrote: Hi Gordon
Thank you for the quick reply. Is there a standard letter I could take to my GP to support my appeal?
Thanks
I'm afraid not, it needs to be written by the doctor and to state that you are always precluded from going out, you will not get a home hearing if you can sometimes go out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: nikki
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris