Tribunal

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Tribunal

Postby Littlesmudge » Wed Apr 11, 2012 7:54 pm

Hi please help I av my dla tribunal at court this Friday (13) great wot a day n as u can imagine I'm dreadin it n my fibro is playin up at min due to the stress I av heard soany different horror stories bout these tribunals n nobody as ever come away positive n no one I no as ever won there case they av ad a terrible time n lost there case I'm goin on my own wiv my hubby for support please can anyone tell me av u been successful at a court tribunal really freakin out now :(
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Re: Tribunal

Postby diane1 » Wed Apr 11, 2012 8:18 pm

Hi

I used to work for DWP and DLA at one point and have attended tibunals. Heres a few tips;

This may sound stupid but when you go in dont go in with your makeup and hair done, even medical people have this idea that if you look good you have no pain etc.

When you first go in tell them you have fibro fog and sometimes wont understand them or cant recall an answer and might hve to ask your husband.

Dont sit in the chair for the whole of the session without moving or getting up showing your discomfort.

If you arent sure of something they ask tell them you dont understand and refer to your husband.

keep a diary for the next few days of a typical day in your life. Start it from when you get up to include everything from washing,dressing to cooking & remembering tablets etc.

Dont forget there are cameras everywhere even before you enter the building. You can be seen walking in waiting to be seen etc. If you have problems with mobility get dropped at the door of the tibunal venue. If the journey there is longer than 20 mins tell them that you had to stop half way to move positions.

If they try to hand you something struggle to take it.

Copy any information you can on fibro and take it with you and pass it to them, dont rely on them having this information and then if they have it will be basic information .

If it all gets to much ask them if you can have a few minutes to get yourself together and if you feel like crying cry.

I will warn you it is hard to get above LR DLA right now, and if you get ESA they will have used this report tomake a decision on DLA so if you arent in the ESA support group you will find it hard.

Any questions I will try to help.

Good Luck

:goodluck2:
Does an elephant with fibro fog ever forget ?
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Re: Tribunal

Postby Littlesmudge » Wed Apr 11, 2012 8:29 pm

Thankyou for ur tips I am not in the ESA I don't even no wot that is I posted 2 wks ago a 24 page folder to them statin all my recent hosp apps my meds on at min a letter fromy rheumatoid consultant confirming my illnesses n how it effects me also a letter from my ME therapist statin how it effects my life I av also put in copies of a report from the councils occupational therapist statin we need re housin due to I'll health a copy of a letter from council to say they found us suitable accommodation also a copy of my acceptance for a blue badge a carers letter from my hubby n info booklets on fibro n ME I av also kept a diary for the whole of this yr which is goin wiv me so if that don't help I just don't no wot else to do xx
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Re: Tribunal

Postby Ldyalb » Wed Apr 11, 2012 8:48 pm

ESA is Employment and Support Allowance, it replaced Incapacity Benefit in 2008. It's a benefit paid to sick and disabled people who can't work due to ill health, or have a severely limited capacity for work, but who may be able to work in the future.

Not been to a tribunal yet but also appealing my DLA decision. Good luck for the tribunal, the advice above is good. Don't let them rush you, take the time you need and don't be afraid to change positions, show discomfort etc.
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Re: Tribunal

Postby diane1 » Wed Apr 11, 2012 8:51 pm

It sounds like you've covered all bases and mobility seems to be a big issues for you like myself. I managed to get HR Mob without going to appeal and it sounds like you shouldnt really have to go either.

My husband says that when I meet people I try to cover up my problems and you must remember not to do this when you go into the tribunal. They will watch everything you do as well as listen to everything you tell them.

ESA is employment support allowance which you claim if you cant work due to your illness. It has two tiers although they seem to have invented another tier lately. You are given points for what you can and cant do (this is how the new "PIP" REPLACING dla next year) will work. You are then placed in a group depending on the points. Under 15 and your in the work group 15 and above your supposed to be in the support group although they now put some of these people in the work group with limited work capabilities. The group defines your amount of beneift you recieve and interviews you have to attend. Its sooo complicated.

As if having fibro isnt bad enough ,the stress of going through the tibunal route only adds to the fibro pain.

Good Luck
Does an elephant with fibro fog ever forget ?
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Re: Tribunal

Postby donnauk82 » Wed Apr 11, 2012 9:51 pm

Hi I've just had my tribruneral yesterday and got a letter this morning saying I didn't pass in other words. I've been on dla for last 2 years and when I got my renewal I filt the form in wrong so because of that I got my claim cancelled so this was the appeal for it. Ive got a blue badge and a bus pass. I have fma plus chronic fatigue and just been diagnosed with functional somatic syndrome ( whatever that is ).

I hope you don't have this problem with your case you never no Friday 13th might bring you luck
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Re: Tribunal

Postby donnauk82 » Sun Apr 15, 2012 10:16 pm

HI how did you get on? X
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Re: Tribunal

Postby *Lisa* » Mon Apr 16, 2012 1:33 pm

donnauk82 wrote: I've been on dla for last 2 years and when I got my renewal I filt the form in wrong so because of that I got my claim cancelled so this was the appeal for it.


A tip is to always copy and keep your origanal forms. Mine are on disc so each time i get a renewl all i have to do is update what has been happing the past few years.

This has helped me keep my DLA
As a Public Moderator & Admin of this forum my opinions/views expressed are personal and are no more valid than those of other members and not necessarily those of UKFibromyalgia...Lisa
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Re: Tribunal

Postby chrissietosh » Mon Apr 16, 2012 2:55 pm

I have been through hell in the past - my incapacity was stopped, and it took me 3 months to get it back, and I've been refused DLA. Then I took the advice of my rheumatology dept and asked the CAB to help. by this time i was suffering form anxiety attacks which were so bad I'd stopped going out at all. CAB came to my house to help me, and I've never looked back. I have HR mobility and medium rate care. I have to say, though, that even though I've been awarded DLA indefinitely, I'm still worried that I will have to attend a medical to get ESA, though the CAB seem confident that I won't be one of those chosen. Good luck to everyone who has to ut themselves through this demeaning and painful process.
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Re: Tribunal

Postby chrissietosh » Mon Apr 16, 2012 3:05 pm

Further to last post - let them see what you're like on a bad day - not a good one. This was the best advice i was ever given. When i mentioned that my incapacity had been stopped I should have mentioned that originally I was put on incapacity for mental health problems, depression and anxiety. In the next 3 months my fibro was diagnosed, so I went to the tribunal armed with this new information. The panel didn't even look at the physical problems which I'd developed, promising that they would, should it prove necessary, but in the first place they were just going to look at the original award for the four points I needed to get my incapacity back. i left the room briefly whilst they talked, and , when i went back in the lady lawter on the commitee said "We found the extra points, my Dear, it wasn't difficult." In oter words, I was more than deserving of the award, given that they hadn't even had to take my physical difficulties into consideration. Please, everyone, use the help that's out there and, however you feel, show them what a bad day is like for you.
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Re: Tribunal

Postby Hudsonwhymsy » Mon Apr 16, 2012 3:37 pm

Hi. I had to go to court for my ESA. Even though I get DLA. And I won. Not that I get any money cos my partner works more than 24 hours. But a tip is if there are stairs don't walk up them get them to take you in a lift or on the stair lift, put everyday as your worst. Good luck. Xxx
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Re: Tribunal

Postby fliss » Mon Apr 16, 2012 3:45 pm

im in support group esa and dla hav been refused sayin that im fine not disabled they didnt use my esa medical instead got a different doc who lied through his back teeth sayin he saw me walkin 120metres when i managed to hobble from one end of my settee to the other,so im havin to go to tribunal tryin to get the dla decision overruled they will do anything to stop u claimin so u must fight constantly xx
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Re: Tribunal

Postby diane1 » Thu Apr 19, 2012 9:19 pm

All the advice about giving information as your worst day is right however the stress ofthe tribunal will have sent you into a flare up anyway.

Alao beware that if you loose an ESA medical they will tell DLA and DLA will tell ESA. This can result in you loosing all or part of the other benefit so be careful how you answer questions. I recently had a review of my DLA and they used the medical from the ESA medical which was overturned on reconsideration so I now have to ask for a reconsideration of my DLA. Its so annoying as they dont seem to have paid any attention to my consultants report he wrote for me.

If anyone is due to attend an ESA medical and is really worried I am willing to help as I am an ex employer and have a good knowledge of the points awarded and what for. You can always private message me if you dont want everyone to see all your details. I've done this on a few occasions now.

Its so mad and such a waste of money somethings really does need to be done. As I said I won a reconsideration decision to put me in the support group as the ESA medical was proven to be flawed but the next I know I was sent another form to complete which I was told would have to be done. I knew I didnt but knowing the way the system works I knew the computers would only see a failed completion and stop my money so to avoid this I completed it. I then recieved a call the other day from Atos asking me to attend a medical a month after the decision to put me in the support group was made. I called JCP and after 2 calls and 2 days and my husband who works there talking to them I recieved a call to tell me I didnt need to go it was just the computers following through the action. No one had told it to stop and the computer cant think for itself, no s... sherlock ! sorry folks but its how it gets you.

Any way good luck everyone and I'm here to help if i can.

:goodluck2:
Does an elephant with fibro fog ever forget ?
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Re: Tribunal

Postby MCT » Sun Apr 22, 2012 10:53 pm

donnauk82 wrote: I have fma plus chronic fatigue and just been diagnosed with functional somatic syndrome ( whatever that is ).


You already have at least two on the functional somatic syndrome list I found:

http://www.impact.arq.org/doc/kennisban ... 0394-1.pdf

Functional somatic syndromes by speciality

    Gastroenterology - Irritable bowel syndrome, non-ulcer dyspepsia

    Gynaecology - Premenstrual syndrome, chronic pelvic pain

    Rheumatology - Fibromyalgia

    Cardiology - Atypical or non-cardiac chest pain

    Respiratory medicine - Hyperventilation syndrome

    Infectious diseases - Chronic (postviral) fatigue syndrome

    Neurology - Tension headache

    Dentistry - Temporomandibular joint dysfunction, atypical facial pain

    Ear, nose, and throat - Globus syndrome,

    Allergy - Multiple chemical sensitivity

I think it may also be known, as my Granny would have said, as being "fair no weel"

:-D
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Re: Tribunal

Postby logiebear » Sat Jun 23, 2012 3:36 pm

diane1 wrote:All the advice about giving information as your worst day is right however the stress ofthe tribunal will have sent you into a flare up anyway.

Alao beware that if you loose an ESA medical they will tell DLA and DLA will tell ESA. This can result in you loosing all or part of the other benefit so be careful how you answer questions. I recently had a review of my DLA and they used the medical from the ESA medical which was overturned on reconsideration so I now have to ask for a reconsideration of my DLA. Its so annoying as they dont seem to have paid any attention to my consultants report he wrote for me.

If anyone is due to attend an ESA medical and is really worried I am willing to help as I am an ex employer and have a good knowledge of the points awarded and what for. You can always private message me if you dont want everyone to see all your details. I've done this on a few occasions now.

Its so mad and such a waste of money somethings really does need to be done. As I said I won a reconsideration decision to put me in the support group as the ESA medical was proven to be flawed but the next I know I was sent another form to complete which I was told would have to be done. I knew I didnt but knowing the way the system works I knew the computers would only see a failed completion and stop my money so to avoid this I completed it. I then recieved a call the other day from Atos asking me to attend a medical a month after the decision to put me in the support group was made. I called JCP and after 2 calls and 2 days and my husband who works there talking to them I recieved a call to tell me I didnt need to go it was just the computers following through the action. No one had told it to stop and the computer cant think for itself, no s... sherlock ! sorry folks but its how it gets you.

Any way good luck everyone and I'm here to help if i can.

:goodluck2:

hi i could use some advice i have fibro, last medical form i filled in and atos didnt need to see me as provided all imformation for them a nurse who looked at my form awarded me 15 point and put me in wrag again she stated i could work in 12 months time, i asked for a reconsideration and they agreed with atos im now in the process of my appeal which ive just found out its in 2 weeks time, ive been on a waiting list to see cab and dont see them till wednesday, my gp being funny he had already wrote a report that he said i suffer on a daily basis with everyday living and activities and that im unemployable, dwp said that wasnt enough asked my gp if he could write about my symptoms etc and hes refused he says there isnt any more he could add? his secretary says to ask cab for medical files and take it from there, i was sobbing on phone , tried to explain dwp want more? hes now went on holiday so cant contact him. what advice can you give me? im not waiting till wednesday to see cab as they said if get date to let them know immediately, so i could see an advisor i feel so rushed its good ive been giving an early date but 2 weeks? stressed and freaking out .
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