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Thread: ESA Appeal, Tribunal and backdating.

  1. #1

    ESA Appeal, Tribunal and backdating.

    Hi there,
    I suffer from severe depression, fibromyalgia, panic attacks and hypermobility. I was seen as 'fit for work' by ATOS so I appealed the decision and am awaiting my Tribunal which is on the 19th July. I posted on another disability forum site but I just received abuse from them, so I thought i would start anew here.
    I am worried that I will seem to 'bubbly' in my Tribunal as i speak quickly and say a lot of things when I get very nervous. I have suffered from many of my illnesses since I was 3 but only recently can I add depression and panic attacks.
    I had to drop out of education (I am 19) because of my problems, and the fact that my college had kicked me out because of my attendance (I couldn't attend many days because I get paralysis in my lower back)
    I do not come on forums to get pity though, I come on here because I need advice.
    I was wondering if anyone knows when my money will be backdated to, this is my first claim for ESA. I would also like some tips on how to cope at Tribunals as I fear I won't be able to function properly with all the judgment and the questions.

    Thank you very much.

  2. #2
    Join Date
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    Re: ESA Appeal, Tribunal and backdating.

    Hi Evie

    I am sorry you have so many health problems at such a young age.

    I have no tips on how to act, except be yourself because anything else will show. If you are awarded ESA, you will get it backdated from when you applied. I hope it goes well.

    Els

    __________________
    “Can a man still be brave if he’s afraid?”
    “That is the only time a man can be brave,”
    George R.R. Martin, A Game of Thrones


  3. #3
    Join Date
    Jan 2013
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    1,010

    Re: ESA Appeal, Tribunal and backdating.

    Hi Evie..

    Can you take someone with you who's close to you & knows your daily struggles & limitations?

    Also, go prepared with all the medicines you have to take - I was asked to show these and only had a couple with me - and write out lists to hand them if asked, like your medicine regime, & if they're not daily drugs, what circumstances make you take them.

    Take any aids you use with you - walking stick etc.

    It's helpful to have written notes to hand about your life too, how your conditions affect you, what you have to do or can't do because of them, help you need to ask for, and how you feel physically & mentally. When we're put on the spot in situations like a tribunal we can forget to say important things.

    If you can get any letters from doctors, specialists, nurses, care workers etc, to support what you're saying, then they would be helpful too.

    Be honest, act your normal self, and think before you answer their questions. If you're feeling nervous, tell them.

    Good luck!

  4. #4
    Join Date
    Jun 2013
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    1,851

    Re: ESA Appeal, Tribunal and backdating.

    I am so sorry you are going through this. I know there are loads of support forums for people dealing with ATOS, that's all I know - but I'm sure you have already looked. Fortunately the NMP rules prevent me from passing any comment on what I think of the people who are putting you and others through all this.

    Hugs to you, bon courage...
    __________________
    All manner of thing shall be well... (Julian of Norwich)

  5. #5

    Re: ESA Appeal, Tribunal and backdating.

    Thank you all for the advice.
    My boyfriend has cancelled all plans so he can be with me for my Tribunal which will help reduce my anxiety, also I am getting a representative from the Citizens Advice Bureau as I am 'at risk' because of my mental health.
    Unfortunately, I do not take much medication, literally just 1 crappy painkiller and contraceptive tablet. Therefore I don't have a strong medicine background, doctors hate giving me anything except paracetamol :/

    But again thank you for the words of advice and the support.

  6. #6
    Join Date
    Feb 2012
    Posts
    516

    Re: ESA Appeal, Tribunal and backdating.

    Concentrate on your worst days and tell them how it limits your every day activities.

    Unless the judge instructs you otherwise you need to address the tribunal chairs as Sir/Ma'am.

    Use a hilight pen and post-its to easily find any papers you wish to draw to the attention of the panel.

    Make short notes of each point you wish to give an example of to the panel.
    Tick them off as you deal with them.

    Take the originals and copies of any letters to your GP.
    Take the originals and copies of letters written by your GP.
    Make one copy for each of the 3 judges.

    Remember that you may be being watched walking up to and in the building, making your way to the court room and while you are waiting. For example: How did you get here today? Did you come on your own? Did you use the lift or the stairs? Have answers already prepared so that you are not caught unaware. The pleasantries are searching questions too.

    Make notes about anything you are unhappy with and also immediately about everything once outside the room while it is still fresh in your mind.


    Good luck.

  7. #7
    Join Date
    Jul 2013
    Posts
    392

    Re: ESA Appeal, Tribunal and backdating.

    Quote Originally Posted by flossie View Post
    Concentrate on your worst days and tell them how it limits your every day activities.

    Unless the judge instructs you otherwise you need to address the tribunal chairs as Sir/Ma'am.

    Use a hilight pen and post-its to easily find any papers you wish to draw to the attention of the panel.

    Make short notes of each point you wish to give an example of to the panel.
    Tick them off as you deal with them.

    Take the originals and copies of any letters to your GP.
    Take the originals and copies of letters written by your GP.
    Make one copy for each of the 3 judges.

    Remember that you may be being watched walking up to and in the building, making your way to the court room and while you are waiting. For example: How did you get here today? Did you come on your own? Did you use the lift or the stairs? Have answers already prepared so that you are not caught unaware. The pleasantries are searching questions too.

    Make notes about anything you are unhappy with and also immediately about everything once outside the room while it is still fresh in your mind.


    Good luck.
    Is this for the Tribunal or the assessment? I thought the Tribunals were meant to be unbiased/neutral rather than looking to 'catch you out' so to speak?

  8. #8
    Join Date
    Jun 2009
    Posts
    94

    Re: ESA Appeal, Tribunal and backdating.

    my brother who has learning disabilities and aspergers is facing one of these today, he is going with his case worker, he was supposed to have a representative going wtih him but they cannot now go, he was supposed to meet them yesterday but he forgot about the appointment...im gonig to phone his support worker this morning as he is 'dreading' the meeting where he says they will assess him as being fit for work or not
    it is difficult, we live 300 miles away, i havent seen my brother for 20 years but anyone with a degree of common sense will see he cannot hold down a 'proper; job because of his disabilities, i am really cross that he has to go through this ordeal; hopefully his case worker who seems to have her head screwed on will help him out,
    good luck with your hearing, hope you get on ok,
    regards
    katz

  9. #9
    Join Date
    Jun 2013
    Posts
    1,851

    Re: ESA Appeal, Tribunal and backdating.

    I'm afraid I would always assume the worst and assume you are being watched and judged on everything you do and say. Not being paranoid, but I am also dealing with supposedly 'neutral' HR people at the moment who are beginning to cause me more trouble than the bullying managers.
    __________________
    All manner of thing shall be well... (Julian of Norwich)

  10. #10
    Join Date
    Feb 2012
    Posts
    516

    Re: ESA Appeal, Tribunal and backdating.

    Good luck for tomorrow evie.

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