× Members

Appeal tribunal - irelevant questions

  • Elizabeth Wood
  • Topic Author
11 years 2 months ago - 11 years 2 months ago #103911 by Elizabeth Wood
Appeal tribunal - irelevant questions was created by Elizabeth Wood
I attended an ESA Appeal tribunal yesterday with my husband. He was appealing to be put in the Support Group from WRAG. He is 64 years old and has been on sickness benefit since 1993. He has ME & Meniere's disease as well as other health issues. The Doctor who was on the panel asked him when he was last an in patient in hospital (this was for kidney stones in the 1990's) and also asked him about a psychologist he saw at the start of his illness again in the early 1990's. The chair of the panel even asked him about his walking stick, did he buy it himself or was he given it ? I cannot begin to explain how depressed and inadequate this experience has made him feel. They would not let me speak until the end even though we explained to them about how 'brain fog' affects him and he is not able to formulate answers to questions. I cannot understand the relevance of the questions as I thought the appeal was about how his illness was affecting him when we completed the ESA50 form. Is there any way I can complain about the questions he was asked or how his condition was not taken into account at the hearing. I can understand how people take their own lives after being put through this kind of ordeal fortunately we are in it together but I feel for people on their own going through all this.
Last edit: 11 years 2 months ago by .

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #103915 by Gordon
Replied by Gordon on topic Appeal tribunal - irelevant questions

Elizabeth Wood wrote: I attended an ESA Appeal tribunal yesterday with my husband. He was appealing to be put in the Support Group from WRAG. He is 64 years old and has been on sickness benefit since 1993. He has ME & Meniere's disease as well as other health issues. The Doctor who was on the panel asked him when he was last an in patient in hospital (this was for kidney stones in the 1990's) and also asked him about a psychologist he saw at the start of his illness again in the early 1990's. The chair of the panel even asked him about his walking stick, did he buy it himself or was he given it ? I cannot begin to explain how depressed and inadequate this experience has made him feel. They would not let me speak until the end even though we explained to them about how 'brain fog' affects him and he is not able to formulate answers to questions. I cannot understand the relevance of the questions as I thought the appeal was about how his illness was affecting him when we completed the ESA50 form. Is there any way I can complain about the questions he was asked or how his condition was not taken into account at the hearing. I can understand how people take their own lives after being put through this kind of ordeal fortunately we are in it together but I feel for people on their own going through all this.


In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

With regard the Appeal, you do not mention a result, are you still waiting for a Decision Notice?

The following FAQ explains your options for making a complaint

Complaining to the Tribunal Service

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

11 years 2 months ago - 11 years 2 months ago #103916 by
Hi,

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ

My full name is showing, how can I stop it?

Tribunal panels are allowed to ask questions to gain an overall picture of whether the appellant is entitled to an award.

Some members have written of their negative experiences at a Tribunal Hearing, only to then receive a positive result.

You can make a complaint to The TS is you wish to :

Complaining to the Tribunal Service

Please update us when you receive the Tribunal's Decision Notice.

bro58
Last edit: 11 years 2 months ago by .

Please Log in or Create an account to join the conversation.

  • Elizabeth Wood
  • Topic Author
11 years 2 months ago #103969 by Elizabeth Wood
Replied by Elizabeth Wood on topic Appeal tribunal - irelevant questions
Thank you so much for all your information. It is much appreciated. We have received a decision notice today and we have been successful. My husband has been placed in the support group. We are delighted as he will hopefully be retirement age before his next review. At the same time I am still annoyed at how he was treated at the tribunal and my heart goes out to people who have no one to support them when they are dealing with all this. I know how long it will take my husband to recover from the ordeal he was put through.

Please Log in or Create an account to join the conversation.

More
11 years 2 months ago #103973 by Gordon
Replied by Gordon on topic Appeal tribunal - irelevant questions

Elizabeth Wood wrote: Thank you so much for all your information. It is much appreciated. We have received a decision notice today and we have been successful. My husband has been placed in the support group. We are delighted as he will hopefully be retirement age before his next review. At the same time I am still annoyed at how he was treated at the tribunal and my heart goes out to people who have no one to support them when they are dealing with all this. I know how long it will take my husband to recover from the ordeal he was put through.


Congratulations on the award.

How people are treated at the Tribunal seems to be quite variable, from the kind and understanding to the Spanish Inquisition (no pun intended), if you still believe that the way this panel treated you was unreasonable, then I would I ask you to think about making a complaint, the decision is obviously yours, but consider how they will treat the next claimant they see.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Elizabeth Wood

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
11 years 2 months ago #104030 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Appeal tribunal - irelevant questions
Regretfully, there are good and bad in all professions, and Tribunal Members are no exception.

In the 10 years I sat on DLA Appeal Tribunals, most of the time appellants were treated with courtesy and respect. In a small minority of cases, they were not treated in this manner.

If an appellant feels they have been unfairly treated, then there is a laid down process for them to complain.

Contact the Office for Judicial Complaints (OJC) if you’re unhappy with the behaviour, language or conduct of a judge, magistrate, tribunal member or coroner.

Complain about a judge, magistrate, tribunal member or coroner

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Elizabeth Wood, Bearer

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.