Tribunal submission

Hi Stephen

You don't have to submit a written explanation before an oral hearing although it would be preferable, to present your case in advance of the hearing.

Written submissions are much the same regardless of whether you are having an oral or paper hearing, so Steve's advice is still very valid.

Do your best to meet the one month deadline with regards to submitting medical evidence, but if your GP or counsellor are slow at providing you with reports and missing the deadline becomes unavoidable, the Judge can choose to extend the deadline and they usually do.

Best of luck

Derek

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Hi Steve
As I understand it the Tribunal members have already read the papers submitted before the hearing, so in my humble opinion I would send in everything you have beforehand. I am still awaiting my IB Tribunal Hearing so I dont know how much it will help, but I also included background information on neuropathic pain. I also got my doctor to complete the Health Professional's Evidence Sheet provided by B&W to get another perspective on how I scored on the descriptors. Hope this helps, best of luck, Costa.

Hi Steve

I wasn't suggesting that you don't send a submission (written explanation) now, I just pointed out that it is not mandatory. If you want to write one, and I think it would be a good idea, you should do it as soon as possible. As you said you have one month from the date the appeal papers were sent out, and you will want to spend a fair amount of time on it.

I'm not sure if the ME Association's review of the WCA will have any relevance at a tribunal, as tribunals have to apply the law as it stands, and not the ME Association's view on the WCA, although I don't know exactly what's in the report that you mentioned.

Steve has provided excellent advice in his post to this thread which I think you should follow when you write your submission.

I previously made the mistake of writing an eleven-page statement highlighting every minute flaw in the medical report (most of which was irrelevant) and DWP submission, including half a page about an exclamation mark the DM added to a medical report quote. Looking back on it, I had valid points that were buried in an eleven-page rant.

Make sure you read the WCA descriptors carefully and that your submission fully explains why you satisfy them. And itemise each descriptor that you dispute under its own heading for clarity.

I share your level of confidence with the CAB. They were of great help to me when I had problems with my gas supplier but my benefits advisor did not even know how many points are required to pass the PCA on mental health grounds.

Good luck

Derek

The CAB adviser I had was helpful although she didn't have time to represent me. Together we worked through every indicator on the WCA tick list, e.g. "Can you stand for ten minutes, 20 minutes, 30 minutes" etc, and wrote a paragraph about each indicator that applies to me. She wrote to my GP asking him for a letter about my current condition, and any helpful evidence he might have on his file. That turned out to be a letter from the consultant rheumatologist I saw 2 years ago explaining my condition to my GP.

In the end, it didn't work because my condition is variable and the judge chose not to believe me, I don't know if I was awarded any points at the tribunal because the notification letter simply said the appeal was disallowed and no explanation was given, but I am sure that the method used by the CAB adviser was correct according to their training, which is reputed to be good. She did say that it is perfectly possible to submit all your evidence at the hearing by giving it to the clerk and asking him to copy it for the judge, doctor, and any other person present, but if you have a lot of paperwork to present that's quite time consuming for the tribunal's clerk. Good practice is to send it beforehand, I believe.