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DLA and ESA Tribunal Options
Michelle9
#1 Posted : Wednesday, April 06, 2011 12:09:08 PM Quote
Rank: Advanced Member

Groups: Registered

Joined: 6/20/2010
Posts: 62
Location: Manchester
Dear All,

Yesterday I attended my DLA and ESA Tribunal which I appealed last year.

It was awful!!!!!

I brought my mum and sister with me, but they wouldn't let them speak, I got so upset, they even said then that I had to speak for myself.

Welfare Rights helped me, obtained reports from both my GP and Consultant, along with a Submission from the Welfare Rights.

I have never felt so intimidated in all my life, I was upto last minute going to go on my own aswell.

The questions what the GP woman was asking me was bizarre and random and had nothing to do with my pain and she wasnt interested in my reports from the GP and Consultant, she just kept referring to the Atos report and the Form that I completed in June last year.

At the end they said do you want to wait for the decision or go. I was that worn out by it all I just left, I was crying all the way home
and I never want to go through anything like that again never!!!

They said that they will write to me in 7 days, I don't think I will get anything!!!!

I spoke to welfare rights this morning and he said that I can complain but just wait and see what the response is.

Has anybody else had this treatment I would like to hear from anybody who has experienced this???

Many Thanks
Michelle xx
RichC
#2 Posted : Wednesday, April 06, 2011 2:58:08 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 8/30/2010
Posts: 507
Location: Gravesend
Hi Michelle ,

Sorry to hear the grief it has caused .. they are often stressful ,but not normally to that degree .
It is also very unusual to have both DLA and ESA done together as they are distinctly different criteria for both, and two separate appeal-able decisions.

Nothing you can do more than wait for the outcome , and then contact your welfare rights worker if you are not happy with the decision.( as i see he has recommended)
Bear in mind that they would/should have read all the submitted evidence prior to the Tribunal , and very often the Medically Qualified Tribunal Member is asking questions to see if you fit any other criteria for either ESA or DLA ..so they may seem irrelevant to your main health issues.

You have done a lot already by going through the appeals process and the Tribunal , and should know that you have done all you can , for the moment !.You should be proud of yourself for that :)

Let us know what happens .. and if you haven't already seen it , have you seen this thread?

Wanted -Your Stories about claiming experience of claiming DLA and the WCA

All the best ...

Rich X



"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
bevie
#3 Posted : Wednesday, April 06, 2011 4:07:28 PM Quote
Rank: Advanced Member


Groups: Registered

Joined: 12/4/2009
Posts: 346
Hi Michelle, sorry your tribunal experience was so bad, hope you are feeling a bit better today, these things are really stressful and something we don't need on top of everything else.

I have had two tribunals for review of dla. At the first one the people, especially the dr were horrible and totally disregarded the report i had from a senior physio and said i needed to have a medical from a dr, at my home.

I had a further tribunal after the medical report and the people there were much more approachable. I didn't get what i applied for though even though i had help, and support on the day from a welfare rights officer.

At the moment i am dreading a review of my incapacity benefit because of my experience at the first tribunal.

Good luck with the result Michelle.

Bevxx
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