ESA Tribunal

Hi Cookie

The questions that a tribunal asked vary considerably. At my hearing I was asked if I can wash, dress and cook, to which I replied yes, and that was about it. Needless to say that I have appealed to the Upper Tribunal.

Generally they should and usually do ask about your day-to-day living at the time of the decision to stop your benefit, and perhaps one or two months before that in case your condition varies.

It's not important to know what questions will be asked. The important thing is that they will be asking you questions about yourself and your disability that you will be able to answer. If you cannot answer due to memory problems you can simply tell them that. They should understand as presumably it is one of your claimed problems.

Good luck on Thursday. Please let us know how you get on.

Derek

Hi all,
thank you all for your very helpful advice and support.It really helps to know you are not alone.Will let you know how I get on.

Thanks Cookie

Hi all,
Just to let you know.Iamjust back from tribunal today.
I didn't win. Doctor did not believe in ME/CFS.
Thanks to everyone for your great help and support.
Godd luck to everyone else facing the tribunal.

Hi again.
What do I do now.Do I claim JSA as I have 7 weeks to go before 6 months has elapsed to claim ESA again ?
I have just sent in a sick line aswell.
Does the sick line become null and void when yyou fail at the tribunal?
Thanks again.

Cookie

Hi Cookie

I'm sorry to hear about your tribunal result, but well done for finding the courage to attend.

You won't be able to claim ESA until the 6 months has elapsed unless your health has deteriorated significantly or you have a new health condition. You could claim JSA and if you still have you GP's support you can make a fresh claim for ESA after 7 weeks.

You might also want to consider applying for a Statement of Reasons from the tribunal in case you have any grounds to appeal further. You should have received a leaflet telling you how to do this.

Best of luck

Derek

Hi cookie
So sorry to hear your news. The different attitudes amongst the medical profession regarding CFS/ME is staggering. Some, even ATOS doctors do at least recognise that is a real & physical illness as per the CMO's report & the WHO. I do hope that you don't give up the fight. Do look on the ME websites: ME Association & Action for ME for any help they can give you. Both groups have lots of leaflets, some online & some to be bought, most for £1 each. The MEA has just updated its booklet on Clinical Practice which would give you lots of medical references etc to quote.
Good luck.
maggie