Dealing with chronic pain
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Tribunal

cher77cher77 Member Posts: 95 Courageous
Hi all had to have a tribunal hearing got a letter today saying that they was unable to decide my appeal so it's adjourned and the reason why is about the daily living food preparation but only last year they was in my favour regarding daily living it says I'm encouraged to attend this next part any help or advise i can't attend as I'm mostly bed bound and can't make the journey in the car which would take over 35-40 mins i didn't turn up last year and it's all the same evidence i sent last year for this tribunal x

Replies

  • EmmaBEmmaB Member Posts: 263 Pioneering
    Dear @cher77
    1.  I would suggest that you request a telephone hearing if you really can't make the journey.
    2.  I would also suggest that you try and submit extra evidence re the food preparation activity [if that is the only one in question] - either from your doctor, physio or OT - someone who can give evidence for the problems you are having in this area.  You could also supplement this with your own evidence - more detail as to your problems in this area, photos even if relevant.
    Hope that helps.
    Emma
  • cher77cher77 Member Posts: 95 Courageous
    Hi  @EmmaB thank you the part in question is preparing food my f2f report awarded me 2 points needs an aid to cook a meal when in fact last year it was 1e needs supervision or assistance so I've no evidence or photos of me downstairs in the kitchen as I'm living in my bedroom and have been for a few years now waiting for adapted house with stair lift and wet room I am going to ring as to me not being able to get there thank you x
  • EmmaBEmmaB Member Posts: 263 Pioneering
    Hi @cher77
    If you get a telephone hearing you will be able to tell the tribunal [made up of a judge, medical member [usually a GP/ex GP] and disability member] exactly what difficulties you are having.  This is far more helpful that just getting them to judge your case on paper - which clearly they couldn't do as they've asked you to come along.  It's much much better if people go along but if that is impossible a hearing over the phone is a compromise.

    NB  If your problem is that you can't get to the kitchen then they can't take that into account. It's not about getting to the kitchen it's about what happens once you are there... 

    They will want to know once you are in the kitchen what difficulties you have preparing a simple meal for yourself at hob level - why do you need supervision/assistance?  What aids do you use?  Even with aids what can't you do?  What is difficult?  Why is it difficult?  Any accidents?  Any visits to A&E as a result of trying to do something in the kitchen?  Give detail.  Say it how it is.  Spell it out.

    If you have any input from anyone medical / social care / carer then if they can submit something to verify your account it just helps.  If you have a carer they can also be present at the telephone hearing and they could even speak to the tribunal if you give  your permission for them to do so.

    You can't rely on getting the same points as last time without supplying evidence - things can and do change for people, it might not have done for you but you need to say what/why it hasn't changed?

    I hope you get your housing sorted soon as it's ridiculous that you are trapped upstairs by the sound of it.

    Good luck.

    Emma
  • cher77cher77 Member Posts: 95 Courageous
    Hi @EmmaB thank you i rung the tribunal the lady was very helpful she explained that the tribunal have asked dwp for more evidence or proof not me as i thought it read in the letter she said they need to back their side up ive also just sent a report from persistent pain clinic forgot as that came just the other day which on it backs up my disabilities and why i can't do the task in questions and he also diagnosed me with fibromyalgia so along with all my other disabilities I'm at my wit's end your right it's not good being stuck upstairs most of the time I've never watched to much TV thanks for your reply x
  • EmmaBEmmaB Member Posts: 263 Pioneering
    Hi @cher77
    Sounds like you've got it all in hand, fingers crossed for some good news for you soon.  But definitely press for the change of housing as it's no life for you being stuck upstairs watching TV.  Alternatively if you get an award and it is backdated for a while you might be able to afford the stairlift and wet room if it's your own house...
    Good luck with it all.
    Emma
  • Bevvy7andoverBevvy7andover Member Posts: 38 Connected
    cher77 said:
    Hi all had to have a tribunal hearing got a letter today saying that they was unable to decide my appeal so it's adjourned and the reason why is about the daily living food preparation but only last year they was in my favour regarding daily living it says I'm encouraged to attend this next part any help or advise i can't attend as I'm mostly bed bound and can't make the journey in the car which would take over 35-40 mins i didn't turn up last year and it's all the same evidence i sent last year for this tribunal x

  • Bevvy7andoverBevvy7andover Member Posts: 38 Connected
    They do home visits a doc note would help
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They do home visits a doc note would help
    Hi,

    This is a Tribunal not a face to face assessment.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • WaylayWaylay Member Posts: 949 Pioneering
    Very occasionally tribunals are held at the claimant's home, but I have no idea how one goes about it.
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