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Tribunal sounds scary

  • Metallichick
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13 years 5 months ago #57847 by Metallichick
Replied by Metallichick on topic Re:Tribunal sounds scary
When i eventually recieved the letter from the tribunal services do i have to go into detail why i want to appeal? Is there any information in the members area about what and how to put down information?

Paul... Hopefully i have a good experience myself when the date eventually comes, the thought of standing up trying to explain how the pain & depression affects me is going to be so hard as i find it difficult to express myself verbally. I'm much better doing it in writing but this site as advised that a oral tribunal has a better success rate than a paper one...

Mandi

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13 years 5 months ago #57853 by Gordon
Replied by Gordon on topic Re:Tribunal sounds scary
Metallichick wrote:

When i eventually recieved the letter from the tribunal services do i have to go into detail why i want to appeal? Is there any information in the members area about what and how to put down information?

There are appeal guides for both ESA and DLA in the Members area.

If you have additional questions, please come back to the forum,

Gordon

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

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13 years 5 months ago #57854 by cdcdi1911
Replied by cdcdi1911 on topic Re:Tribunal sounds scary
Hi Mandi

The ESA appeal guide in the members section will guide you through the process, and also gives you advice of what to expect and how to approach the hearing.

A copy of the bundle of papers you received from the DWP will also have been sent to Tribunals Service, and all further correspondence is now with the TS.

You should soon receive a TAS1 Enquiry form that you can find here , which you must return by the deadline.

If you find it easier to communicate in writing you can write a letter or submission in advance of the hearing as will as giving oral evidence. Your written evidence will be added to the appeal papers and be in front of the tribunal at the hearing.

I'm not sure if you meant it literally when you said 'standing up trying to explain...' but I'll just assure you that you do not stand in front of the tribunal but sit round a table.

Good luck

Derek

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  • Metallichick
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13 years 5 months ago #57863 by Metallichick
Replied by Metallichick on topic Re:Tribunal sounds scary
Am i reading the TAS! enquiry form right that i don't have to send the evidence & submission back with the form?
If i send the extra information straight away is it better? Or is it worth leaving it a while until i have everything that i need?
If i send it straight away i take it the DWP will also recieve copies? will that give them a chance to find more information themselves to disagree with what i submit?
Oh dear! This is all so confusing....

Derek, hahaha not i didn't mean 'standing up' literally, my mind was just in tribunal/court mode! hehehe :)

Mandi

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13 years 5 months ago #57868 by Gordon
Replied by Gordon on topic Re:Tribunal sounds scary
Mandi

No you do not need to send anything back but the TAS1 form.

If you have additional evidence then sending it in early may mean that it is included in the DWP Reconsideration, that they are obliged to do when an appeal is lodged, this could result in the Decision being overturned, but the success rate at this stage is quite low.

You can contibue to submit evidence up to about 2 weeks before your hearing, this is a practical limit, as they need time to circulate copies to all concerned parties.

Gordon

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  • Metallichick
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13 years 5 months ago #57871 by Metallichick
Replied by Metallichick on topic Re:Tribunal sounds scary
Sorry to be a pain and keep asking questions?

when writing my submission is this where i can go into fully details to way i think i should be entitled to DLA or ESA?

for example for my ESA claim i disagree with most of what the ATOS doctor said in his report, he appears to have switched my answers back to front? ATOS: Do you self harm
ME: yes
ATOS REPORT: No risk of self harming

The whole report is the same...

So in my submission do i write it out something like this??

1. page 30 Q1.. side effects due to medication.
The ATOS reports no side effects. If disagree with this as i informed the doctor....blah blah blah...

and so on?

Mandi

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