ESA and DLA

Hi Baggsy

My tribunal hearing felt very much like sitting at an office meeting. I felt less nervous in the tribunal room than I did sitting in the waiting room. It certainly did not feel like I was in court, although thankfully, I've yet to experience a courtroom.

Good luck and try not to worry.

Derek

Hi Baggsy, I have a middle view on what other replies to how you may be treated by the Tribunal. From my personal experience: My first Tribunal appeal, the three members were definitely looking down their noses at me and I was staggered to find what they had written in their 'Statement of Reasons' for not allowing me any DLA whatsoever. They reported things that were 100% untruths. It took me a while to come to terms that people like were allowed to sit on Tribunals.
However, so much was their bad way of dealing with me, they had also left a big opening for me in that they had mis applied the Law.

I was unaware of this, but CD one of the Mods gave me sound advice and I appealed to the Upper Tribunal and the Judge, to my great joy and paradoxical disbelief, slated the first Tribunal.

I was given a complete new hearing and I was treated ever so kindly by the all three members and my Representative whom at the second hearing (I did not have one at the first) asked for them to allow me HRC and LRM.
We were out of the room for approx 5 mins and called back in and the Judge simply said "We are going to award you what you have asked for" I was staggered at the diversity in Tribunal members.

Then, I was also staggered again when I received back payments totalling approx £12,000. So be aware that all Tribunal members are not of the same mind and if at all possible, do your utmost to get representation. Then if things are written down that were not said, you will have a witness of this.
Best Wishes all the way.

Linsky

Thanks for that I have experience of both Magistrates and Crown Court but I think because you are trying to prove information for yourself that is the difficult one.

lisa

Although I do not have a representative I do have a friend who has experience also of legal profession and also taken advice from Welfare Rights although she cannot be there and it was a favour because she cannot represent me unless I have a care worker or Social Worker. Seems a little unfair when I have worked all my life and need some assistance now. But having said that she has said to let her know what the outcome is and then maybe appeal. Thanks

It really does make you sick to the teeth that these 'people,' paid for by US, that is you and me - that at some point in our lives having contributed greatly to the system...in my case over one million pounds by way of tax and NI that they have the nerve to call themselves professionals.

Again in a previous life I used to hear appeals from a claimant by way of a panel that had been rejected for what they were claiming...again I emphasize nothing to do with benefits in any way shape or form. In almost every case...actually every single case the panel...(call them tribunal members for simplicity) acted improperly and I was delighted to overturn almost every single rejection said panels had decided upon.

Whilst I know my comments are outside of the box concerning this particular tribunal, it never the less demonstrates that there is something sadly lacking within a so called democratic Great Britain. I now find myself going through the assessment ESA phase and to be brutally honest I wish I wasn't!

My final words then....

WHERE ON EARTH DO THEY DIG THESE ALLEGED PROFESSIONAL PEOPLE UP FROM?

BTD

Dear All

I had my tribunal Last Tuesday 27.07.10 I did take a friend but no representation. It was difficult setting but nevertheless the panel were sympathetic and I won my tribunal. Now only waiting for ESA report !!