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The UKFibromyalgia Forums • View topic - Tribunals - What to expect on the day of your hearing.
Page 2 of 3

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Mon Sep 30, 2013 7:56 pm
by nkats mum
My ESA was stopped after I was unable to attend a WCA due to a severe migraine. The appointment was on a Sunday morning and the appointment line was closed, the same applied on the following Monday due to it being a Bank Holiday so my husband and I were unable to explain the situation. When I finally got through and spoke to someone at 12.30pm on the Tuesday my file had been sent back to the Job Centre as a DNA. I went through the normal process and was told that suffering from a migraine was not a good enough explaination. I have appealed this decision and I am currently waiting for my tribunal date. (ESA was stopped 5th May the desicion to do so was made 12th June).
I was more than surprised to find that I was awarded ESA only on the basis of depression, this has always been listed as secondary, yet I get DLA high rate mobility, and they are now wanting me to prove I had a migraine?? How??

I suffer with FMS, artheritis, hypermobility, freigburgs disease, just to name a few things, and was not happy at being put on ESA for that reason when I wouldn't have depression if I didn't have so many medical problems. Just wish they would hurry up and see me because having this 'hanging over' me is making my flare up more regular and longer and my mental health is suffering too :(

P.S Please could you all keep your fingers crossed for me. (Cheeky I know, but if you don't ask, you don't get (: ) And good luck and prayers to all who are going through this kind of situation x

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Sat Oct 05, 2013 12:05 pm
by *Lisa*
:welcome:

Lots of :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :goodluck2: :goodluck2:

I hope the appeal goes in your favour :goodluck1:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Thu Oct 24, 2013 11:19 am
by whoami
I am not sure how you will prove a migraine. Did you see the Dr for it? Did you happen to get medication from the pharmacy?

I can hear your confusion about being approved with depression as the reason. Maybe they consider depression a serious symptom. I guess you should just be happy they approved your claim.

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Nov 29, 2013 9:35 pm
by missmagnum
Well I wasn't expecting that!

Hi guys,
I went for my DLA tribunal today. I live in a rural area, and drive so luckily a friend drove me the 40 miles round trip
Anyway, when I arrived a very nice polite lady, ( but very not genuine). I was escorted into the room after 5 mins waiting, where I was introduced to the 3 gentleman on the board, who proceeded to explain to me that they aren't happy with the info they had, and were sending out a 'qualified' Dr to visit my home and examine me. After which I will Be called back to appear again.

Has anyone experienced this? And can anyone give me any advice?.
Today was stressful enough, now I have to deal with another examination. I feel a flare coming on already.

Love and gentle hugswendi xxx :-?

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Nov 29, 2013 10:30 pm
by denys
Sorry to heaar you had such a horrible time Wendi, surely they could have written/phoned you before the tribunal to tell you they werent happy and were requesting a further examination :yikes: :yikes: :yikes: :shock: :shock: :shock: :shock: :shock: :shock: I have never had this happen so cant offer any advice I'm afraid but hopefully someone else can :hugs: :hugs: :hugs: :hugs: :hugs: :hugs: :goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Sat Nov 30, 2013 6:08 pm
by missmagnum
Thankyou denys x
I'll keep my fingers crossed. I'm thinking of recording the visit, what do you think? Will this antagonise the Dr. I want my bases covered incase I have another liar testing me?. :crazy: as I did in my esa medical, which I failed.

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Sat Nov 30, 2013 8:28 pm
by denys
I'm sure you can record it as long as you tell them, maybe you should ring them and inform them before you get the appointment date through so that they cant refuse to carry on which they may do if you leave it to the day of the medical :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Tue Dec 03, 2013 1:22 am
by missmagnum
Thanks lovely!
:-D :flowers: :twodrinking1:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Jan 31, 2014 5:36 pm
by alysonpeaches
I won my tribunal on Wednesday. I was surprised by the result. Something was pointed out to me when I first entered the room by the DWP legal guy/judge, and it hasnt been mentioned elsewhere.

He said "You will be answering questions solely on how your medical conditions/state of health were on THE DAY IN MAY 2013 WHEN YOU HAD YOUR ATOS MEDICAL".

No one prepared me for this. I was having a better day when I had the medical, was fairly upbeat, but have gone downhill a lot since then, not for the first time I might add. The questions posed by the tribunal judge were similar to being cross examined in court by a lawyer. This hasnt personally happened to me in the past, I am only going by what I have seen on TV. They were trying to trip me up and catch me out. The doctor wasnt any better.

Now bear in mind if your condition varies, and you are fighting the tribunal by hoping to get 15 points on the mobility part, it maybe that on some days you can walk more than 50 metres, and on some days less. They will try to get you to admit that you can walk more than 50 metres or that the 50 metres was entered on your form because your citizens advice worker told you to put that. If you want to win, you need to stick to your guns. They were not interested in the fact that on a bad day I cant even get out of bed or leave the house. They wanted to know if on the day of my medical I could walk 50 metres. The questioning was hard and at times the doctor tried to shame me into admitting I could walk further, implying I didnt take any exercise and I just sat all day. I wished I had had a legal representative with me. It didnt seem fair that a judge with a legal background was questioning me, and I didnt have the same skills to come back at him. At times I looked at my husband, when I wasnt sure how to reply, and the judge stopped us conferring because he couldnt hear us and said he was writing it all down. It is a horrible situation, I dont want to upset people, but dont go in thinking its easy. But DO GO! You have no chance if you dont.

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Jan 31, 2014 5:41 pm
by alysonpeaches
PS the doctor expressed surprise that I had not been to a rheumatologist for my diagnosis. The doctor that diagnosed me was a good GP and I have no reason to doubt her diagnosis, everything made perfect sense, when 10 years ago she gave me this diagnosis. She also expressed surprise that I had not had injections in my spine for my disc problems. I had actually refused them and she wasnt impressed by that, but I had reasons: the outcome was uncertain and any gain was temporary. I am now considering asking once more my GP to refer me to somewhere, but I tell myself that this isnt because I need the diagnosis confirming, its just to please the damn DWP. That doesnt seem right does it? :nono:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Jan 31, 2014 10:46 pm
by HazelB

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Mar 07, 2014 11:30 am
by dappy33
I have my dla tribunal this morning and extremely anxious I waited 9 months for diagnosis so how am I going to convience the panel???
:cry:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Fri Mar 07, 2014 3:56 pm
by *Lisa*
Only just seen this post dappy, too late to answer as you would have already had your tribunal.

I hope all went well!! :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed:

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Tue Mar 18, 2014 4:11 pm
by scattymaggie
I HAVE MY BOARD MEETING ON 27TH march 2014


Am drained emotional with thought been on appeal since feb 2011 . this is 4th appointment as my medication doesn't match acessment . im on lowest rate dla as my doctor doesn't believe in fibro . he even had cheek to ask if I missed my old life and that tax payers couldn't afford to keep all us benefit ppl . bearing in mind my old life I was senior manager here in northireland and I paid taxes . so ive no confidence in doctors let alone this board so ill prob end up on street soon lol

Re: Tribunals - What to expect on the day of your hearing.

PostPosted: Mon Nov 30, 2015 10:31 pm
by april.goddard
Hi everyone, congratulations on all those winning their appeals.
I however have my hearing tomorrow, and to be honest I am petrified, I do think that I am on trial for lieing or faking my pain, I do feel guilty for applying for this benefit in the first place. When I had my medical for this it took 30 mins - 27 mins of this was asking the questions that I have already answered and only 3 mins in the examination - that can't be right surely, anyway I still feel like a fraudster for trying to get this help I need.
I have always worked for a living and when I was made redundant 2011 (just before my back op) I was unable to work and since then I have been diagnosed with Fibromyalgia ( which I have suffered with for about 10 years prior to this), I have been on ESA work related then got my diagnosis was moved to ESA support group, which is good news, anyway I feel that I still have to justify my pain and sytems that comes with Fibromyalgia.
Where do I go if this does not go in my favour?
My IBS has flared up with the stress and this stresses me out even more - it's a vicious circle.
Sorry for the rant.... :-? :crazy: