How to the tribunal decide which evidence to use?

hello.

I just cant face going for an oral hearin i thought i would be able to do it but as time gose on i know i wont be able to i suffer extreme axiety and its making me ill just thinking about it. i have made the decison to know ask her a paper hearing instead.

When i got the big pack of papers for the appeal, the dwp refferd to a 15 month old esa medicle for their reasons for disallowing me the mobility component.

When i had the esa medicle they asked how i traveled here and i told them i got public transport and the bus stop was arould 100 meters from my house which i did walk on that day as i had no othe means of transport and the appointment was mandatory although i did walk 100 meters it was not without sever pain and i was left fatigued for hours afterwards.

The report its self simply says "occasionaly is able to walk 100 meters"

While this might have been true at the time, i was not able to walk any of that distance without sever discomfort"

Not only this but 15 months had passed from the date of the said medicle to the time i renwed my claim and my conditon had become worse in this time which i stated in the new claim so much that i could not walk that distance anymore evern with sever discomfort.

On my claim form i stated i could not walk any distance at all without sever discomfort. and i had a letter from my gp and also orthopedic consultant both stating i had pain at all times when walking.

I was shocked that they seemd to have ignored my gp and consultant and still refer to the esa medicle from 15 months earlyer.

Is there anything to stop the tribunal doing the same? how can they be allowed to use old evidence over new evidence when i have told them my conditon has changed since the old evidence?

Hi
I think that if my health issues were being questioned after an atos medical then I'd rather have a doctor (and independent of the DWP as Gordon says) make decisions about the my health facts and, where possible, I'd rather they do so having met me face to face - even if in a Tribunal.

I sympathised immediately with your anxiety level about attending a hearing in person. My anxiety was off the richter scale (if it was even on it in the first place!)in my appeal and I was truly doubly triply terrified to go to my appeal hearing (and on my lonesome). I was told that it was a human process but I didn't believe this at all until, that is, I saw this myself when I was there.

Have heard it said many times that oral evidence is a worthy weight and I believe it helps get an accurate decision if the Tribunal can see you for themselves.

You'll know what's best for you but don't be put off by being anxious because, if that's how you react, then good that the Tribunal knows this.

Good luck, Julka

Jox wrote:

hello.


Is there anything to stop the tribunal doing the same? how can they be allowed to use old evidence over new evidence when i have told them my conditon has changed since the old evidence?

Hi Jox,

Tribunals have wide powers on which evidence which they can accept or reject, they are not bound to accept medical evidence from the DWP in preference to what you provide. Most DLA Tribunals succeed because of what the appellant tells the tribunal on the day of their appeal at an oral hearing, which is why we always advise members to opt for an oral hearing if they're able.

A 'paper hearing' can only be based on what's in your case bundle, since the Tribunal cannot ask you questions and vice versa. This is analogous to a DWP Decision Maker (DM) adjudicating your claim, as DM's never see claimants.

Therefore, if you chose to opt for 'paper hearing', the Tribunal's decision is very likely to be much the same as that made by the DM.

Only about 10% of 'paper hearings' for DLA are successful, compared to around a 50% success for oral hearings.

However, the decision whether to have an oral hearing or a 'paper hearing'
can only be made by you, as it's your appeal.

Have you sought 'face to face' advice from an organisation such as the CAB or Community Legal Advice since we can only offer advice of a general nature and not on individual cases.

Good luck.

Jim

Thanks for all the advice to me all the stress and worry of attending and the effect that has on me dosent outway the risk of a paper hearing. i had a esa medicle a few weeks ago and i felt physicaly sick for days in advance on my way to the medical i thought i was actualy going to be sick and i was not near half as scared of the esa medicle as i would be of the tribunal.

I have decided to go with a paper hearing this time around if that fails i shall re apply.


I had been around 8 weeks since i recived the big tribulan bundle of papers and i sent the form back to say i want an oral hearing.

What exactly do i do now to request a paper hearing?

I havent sent anything to the tribunal services my self, the last letter i wrote was to the dwp explaning why i disagreed with their dession. now i have recived the big bundle of papers its very clear the dwp used my old esa medical report as the determining factor for their decsion this report was conducted 15 months before my renewel was made!

So now i shall write a letter to the tribunal severvies explaining why, it is not fair to use that 1.5 year old report as evidence as i stated in my claim that my condition and needs had worsend over the last 12 months so using a 1.5 year old report will not give an up to date and accurate picture of things. especialy as i submited up to date evidence from my gp and consultant who both fully supported my claim.

how do i now request a paper hearing do i do this by phone or in writing? and also who exatcltly do i adreese my letter about what i disagree with the dwp to?

thanks again