ESA Tribunal.......

Hi everyone.....
Im facing my esa tribunal in the next couple of months and am really worried sick about it. I have alot of evidence from my psychiatrist to support my appeal, but am dreading it all the same. Has anyone else on here been through this? Any advice would be much appreciated!x
 

Remus

Moderator
Staff member
yes I have, get citizens advice to help (and they have specialists) and get a solicitor. Don't attend unrepresented, they grill you and it's not pleasant, a solicitor will help guide the questions and answers in your favour.

These things are less medical and more legal than you would think
 
Hi Remus....
Im being represented by welfare benefits and money advice, i have alot of evidence in the form of all my psychiatrists monthly assessments on me since last may, and she is going to write a letter supporting my appeal- im also bringing my dad, who basically takes me everywhere, so he see's first hand what I go through each day. The doctor who assessed me from ATOS only asked me 2 questions regarding my mental health, yet in his report he wrote that I can get everywhere fine by myself, I have no problems socialising and interacting with others etc- he never asked me any of these questions so he lied- i will be presenting exactly what he lied about at the tribunal, and the fact that he hardly asked me anything! If they are going to base their decision on 'evidence' then I think I will win, as I sure do have plenty of evidence. But im still worried sick!x
 

Remus

Moderator
Staff member
In the tribunal will you have a solicitor sat next to you? if not they would walk all over you, I found that out the hard way at my first tribunal.
 

Remus

Moderator
Staff member
OK, I'm thinking back, mine was last year and was for DLA but it's a pretty similar set up. The specialist help I got from the CAB was a solicitor who did voluntary work for the CAB. If you have the same thing you should be cool, though there's no guarantee you will win. If the CAB are optimistic with your case I'd put my faith in the fact you may win.
 

waterfalls

New member
Hi

I think you have more than enough support for your tribunal, no need to worry on that side of things.
Your representive can't answer for you, you have to answer the questions.
But they will steer the tribunal questions to suit you and support you if they think it starts getting too intense.
I assume you are having a ESA tribunal for mental health issues?

Make sure you answer all the questions by describing your condition at its very worst, give the worst case senario that applies to you for everything.
If you happen to have good days, and the day of the tribunal happens to be a good day for you, again try and present yourself as if you are having a bad day.

if your like me you'll have anxiety in this situation, just let it happen! the more they see you like this the better.

Another tip: they may ask you has your condition got worst since the medical you had with the DWP examiner?
If you say yes, then this may suggest that at the time of the examination YOU were OK and fit for work, and now you are not.
Which may result in you having to put a new claim in for ESA?

Remember you are there to challenge the initial examiners decision, they have declared you fit for work at that time, and you are there to give your explanations in more depth why you think they were wrong.
You have been ill as you are now since or before you first applied for ESA.

Try not to work yourself up too much, a few days before try and think of your worst days so you can give more descriptive versions of events.

Its appears you have good written support, just take your time on the day and you should be fine.

You hear lots of horror stories about tribunals some people on the panel are really understanding and pissed off that you have to have gone this far in the system, others can be a bit more demanding. But remember they should have experience and understanding of your conditions, so dont be affraid to tell them whats going on with you, and they can only act within the law.

So just be yourself!

Good luck, let me know how it goes.
 
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