Tribunal experience

Dan88

hello all, I had my tribunal today as an assessor said I no longer have lwc.
I appealed to an MR which my work coach did on my behalf without me having my bundle and being able to point out my discrepancies.
after speaking to citizens advice they told me to focus on the points I hadn’t been scored and the descriptors and put my case forward.
I had everything written out with examples, dates, evidence.
it was done via video with just myself a doctor and judge.
whilst the judge was pleasant the doctor was not.
he had 0 interest in me or my anxiety/ depression and sciatica.
I appreciate he has a job to do but I do feels it was very unprofessional to reduce someone who struggles to tears to the point the judge stopped the questioning and told me to take a break.
he questioned me over and over about what my doctors had put in letters? Why they had worded things in such ways.
they have full access to my medical records but stated it’s not up to a gp to decide if I am able to work.
In my original form I stated my mum helps me write things and supports me.
he asked me who’s handwriting was on the form and I confirmed mine. He said that’s funny as you state your mother helps you write things.
when I confirmed she does, we did it together, discussed it and she helped me but I am able to write he sniggered and moved on.

He kept referring to the assessors report which I told him was incorrect on several instances such as the assessor said I told them my gp gave me ibprofen that I took for a few weeks- I pointed to the medical record stating I have an allergy and I’m not sure where this information came from?

another example he couldn’t understand how I got the bus to my mums 3 times a month? I told him I don’t. I have a car and when I am unable to travel alone my mum comes to me which is at least 3 times a week? Again confused over the assessors notes.. again he sniggered and moved on.

He had no interest in my mr or the reason I was appealing the decision but kept asking about my doctors. Why I don’t attend an appointment everytime I am in pain or suffering mentally.
I told him that’s unrealistic. I can hardly get a telephone appointment with a gp.
I really feel the entire process was to belittle, stress, upset and confuse me.

he asked me if I had a boyfriend? How long we have been together? How we met?
what he does for work (he has no claim and we do not live together)

He asked what my flat mate does for Me? How she helps me and what she helps me with then questioned me several times about what I do to help her? I don’t understand the relevance?

it went on for an hour and 5 mins and as the judge was tapping up to close the call she asked if I had any questions ? I asked if I could read my notes on the points system and give my examples and we could discuss the mr and if I could also highlight to her the errors I have found that I would like to be on record. She did agree but said it was not the point of the conversation?

I tried my best to get across everything snd she said I would get a letter in a few days.
as you can imagine I am distraught!

If they don’t change their decision ? Is that it? What do I do? I don’t think I can go through this again?

thank you for reading. Any help appreciated.

poppy123456

I'm sorry you feel it didn't go well. We have many members here that go through a Tribunal process for benefits and come back with an update saying they didn't think it went well. Then they have a decision and they've been awarded.

I realise you wanted to give some examples but the time to do this was before the hearing by writing them down and sending this to the Tribunal.

All you can do now is wait for the decision. If you were able to track your appeal online, you can log in to check what that decision is because there should be information on there.

If the worst happens and the decision doesn't change or it's not in your favour, you can't just appeal because you disagree. You can only do so on error of law. To find that error you must request the Statement Of reasons and Record of Proceedings within 1 month of the date of the decision. Once you receive those you'll need to find someone to take a look to see if they can find the error in law.

Dan88

thank you for your reply poppy.
I was told by citizens advice to do this in the tribunal that is what this was for? So that was my understanding.
they said it should have been done in the MR? but my work coach did it and I didn’t have the bundle at that time?

I feel I’ve been given wrong info on what to do?
And now it’s gone all wrong. It was the worst experience I have been so upset all evening crying and terrorising myself with worry.

karen19862

So sorry that they did this to you, I had mine in may of this year and mine too was brutal. Its bad enough we have to put ourselves through it all to get help.

I have since re applied and again I'm going to have to go to tribunal.

Hope you get sorted

Dan88

@karen19862 thank you. I reallly feel lost now. I know I cannot do that again.
i truly understand they have a job to do but the unkindness and lack of any understanding or empathy has really got me so worked up.
I’m so sick of trying to explain, how anxiety makes me feel to people who do not want to understand.

It ruins my life!
I had a very high paid job a massive group of friends went out all the time.
now I cry if I can’t spot who I’m with in the supermarket

Or I get myself into a panicked mess if I can’t do something simple.
I already tell myself everyday I’m stupid and feel awful about it I really didn’t need them to send an hour making me feel worse.

I hope yours goes well and you are able to be strong and fight back at them. X

karen19862

I know exactly where you are coming from. I've just been refused because they say I can do everything because I can smoke a cigarette and hold a drivers licence.

Keep up the fight you can do this

poppy123456

@Dan88 have you had the decision yet? You wouldn't have had the bundle for the MR process. This only comes at Tribunal stage.

Dan88

I’ve been told so many different things by different people!
I was told I should have the bundle to compleate the mr so they understand why I’m disagreeing. My report was full of lies? So I should have had that before because I had no idea what points he hasn’t given me to appeal to the mr?
I was told that’s fine just go to tribunal. And have everything prepared for tribunal when I can speak to judge? It’s set up for you to fail. Unless you are a solicitor or someone who does this. It’s impossible.