Any suggestions re my intended approach to appeal hearing

Hi x333xxx,

I always say "Honesty is the best policy" - As long as you tell them how your life is impacted daily by your condition(s), then hopefully it will work in your favour.

Good luck!

Regards, Chris.

Hi x333xxx,
In my experience tribunals tend to have a standard format, in so far as they will invite you in, explain who everyone is, and what's about to happen, ask a few questions about your domestic set up, ie where you live, who with etc its kind of an icebreaker, but also helpful background info. Then often the doctor asks about medical history, walking and journeys, the disability member then asks about DL activities. You can then get a chance to put any further evidence, which can include from you and or friend/ relative at the tribunal. ( It is perfectly allowable to have such a person and if they do give evidence, it needs to be brutally honest, so if you have somewhat glossed over your disabilities, they should make it absolutely clear how it really is.)
There are some things that you can do to help yourself:
1. Re-read the papers especially the claim/review form therein. If you said that you seldom wash, or change your clothes then don't feel the need to wash or dress up just for the tribunal hearing.
2. Be and act naturally. If you wear make up that will probably make your skin look bright and glowing, whereas you need to prove disability so go without - don't cover up your dull, blemished face!
Similarly just wear something comfortable- particularly if you said you wear baggy pull on clothes, don't come in a fitted shirt with loads of awkward buttons!
If you need to go out the day before the hearing, or it's a nice day, and you fancy a walk, or doing gardening, cooking etc at what ever level you can, then do it. Likewise no early night, unless you need to. Many people think resting up or an early night will make them more able to cope at the hearing. Whilst this is possible, if you are well rested this probably isn't your normal slow, disabled, aching self and could give a false impression. This is what I mean about being normal. Do what you would normally do, so if you are tired, then of course, rest and an early night may be important. However if you do normal activity, and you become tired as a result, then this will be seen by the tribunal panel. Likewise, unless necessary, don't take extra meds 'just in case' again this will remove symptoms and you may incorrectly come across as not as (so) disabled.
That said don't put yourself at risk by not taking vital meds or resting when required.
3. You are being watched!
This is also about being natural and consistent. If you say you use a walking stick, then bring one, and use it as normal. Remember that the tribunal members might be looking out of a window, or might coincidentally arrive at the Courthouse at the same time as you. If you can't walk far, then get a lift and get dropped off outside. One likely question is going to be " how did you get here today?" The tribunal will know that the nearest car park is 257m away, and that won't help your case if you say you only walk 20m! If the tribunal eg see you walking with great difficulty into the building, that is what they will expect if you have indicated 20m distance and thus will be consistent.
The tribunal are entitled to use their own observations of you ( but should put this to you if there is a conflict in what you have said and what they see you do!)
4. At the hearing take a couple of moments to process the question. What am I being asked, do I know the answer. If you don't understand the question say so. If you don't know the answer say so, or perhaps you have forgotten- again say so. (There is great temptation to make up an answer because you think you need to, but then you will say something wrong, confusing and it won't help!) I have advised many clients to adopt this approach - it has never been a problem - if the tribunal did say you seem to be rather slow etc simply say you have been advised to think about the questions to give the right answers - I can't see why this should be a problem!
However, if you genuinely need more time to answer etc then say so.The tribunal should go at your pace- as far as possible they need to accommodate your disabilities- this could be allowing you a break every now and again, (toilet or simply fresh air or because you are getting fretful, or confused etc)if you need to move about then say so. If there is any specific requirement you know of at the beginning then let the clerk know before you start, or say at the start of the hearing.

So be yourself, be consistent, but most important be brutally honest. No time for gloss, and 'I can manage'- tell it how it is, how it really is, how you really struggle to do the descriptor activities, and how awful that is, and the help you really need.

I hope this helps.
Good luck with the hearing.
Let us know how you get on.
LL26

Well done x333xxx

I think they'll respect that because you remembered like the rest of us, that these people are still human, despite what decision they make.

Regards, Chris.