Tribunal Question

SJM2023 · October 2023

I'm currently awaiting a date for my Tribunal hearing regarding a UC WCA and disagreeing with their decision of being made fit for work. I have also had a DWP MR which didn't go in my favour.

I recently spoke to someone from the Tribunal centre regarding my case and she said that it's important to send any additional medical evidence that would strengthen my case asap. She also said that any worsening of my current condition and any new condition would be looked at by the Tribunal judge "with fresh eyes" so it's important to send medical evidence regarding this. I was surprised to hear that the tribunal would take any new medical condition, or a worsening of my current condition into consideration when making their decision. I assumed it would only relate to the condition at the time of my WCA. Could you confirm that i was given the correct information as i do have a worsening of my condition and a new medical condition, as well as all relevant medical evidence to send them?

I do have a follow up question too, thanks.

Rosie_Scope · October 2023

Hi @SJM2023 hope you're doing well today!

I'm sure some of our members will be along shortly to offer some more solid advice, but Scope have a section on their website about tribunals that you might find useful to read through. I've directed the link straight to the tribunal section about evidence, but you might want to have a scroll up too to see if there's anything else that might be useful to you.

Members might be able to confirm this from personal experience, but from the information linked above, you can supply further evidence including new evidence as long as it's sent through before the deadline.

Feel free to ask any more questions you might have and we'll do our best to point you in the right direction

poppy123456 · October 2023

That's quite shocking advice you've had there from the person at HMCTS. They will not take into consideration any worsening of condition since the assessment took place and this applies to WCA and PIP.

Yes, you can send more evidence to support your claim but it must refer to how your conditions were at the time the assessment took place.

If it's a new diagnosis and you already had the symptoms which you told them about then that's fine. Remember, it's not about a diagnosis anyway.

SJM2023 · October 2023

Thanks for both of your replies.

Yes, it's what i originally thought and so i was surprised to be told otherwise from the tribunal officer. This has had me running around trying to get all the additional medical information of which i won't be sending them now.

Even though my follow up question is a little irrelevant now, I'll still ask it for future knowledge!

If i had submitted medical reports of a new condition or a worsening of my current condition and the tribunal ruled i was still fit for work, so no change in the original decision, would this have any influence on any new WCA going forwards? Just i haven't updated my UC journal with any new condition, although i will do at the end of the tribunal. In theory, could my UC health workcoach refuse a new WCA based on the fact this was newly assessed at the tribunal and i was again made for for work? Or is the tribunal completely independent and the DWP and any future WCA a separate thing altogether?

Hypothetical i know, and you've confirmed a new medical condition wouldn't be looked at at a tribunal but just interested what could have happened if they did consider it.

poppy123456 · October 2023

You're right it's irrelevant and there's not really an answer to the question because they just don't take any of those into consideration.

Once the decision is made by the Trbunal if it's in your favour then you will not need to report any new condition onto your journal. If you do then they may take that as a change of circumstances and refer you for another WCA. LCWRA if awarded, is an ongoing award until a new decision says otherwise.

If the worst happens at Tribunal and they find you fit for work, you can report a change of circumstances for a new condition or a significant worsening of an existing condition and then you will be referred. You will of course need fit notes to support this.

SJM2023 · February 2024

I have my Tribunal hearing next week and I'm feeling very anxious about this. I'm struggling with my disability atm and not really getting out much as well as quite bad social anxiety.

I'm considering calling them and to try and get it changed to a video appointment if possible.

My question is:
I feel that a face to face appointment kind of contradicts what I initially stated in my WCA, that i have great difficulty in my mobility ouside as well as sitting or standing for any length of time. I'm thinking this may go against me.

Do you think it would still be beneficial to attend the face to face as i suppose they would actually see what I'm like in person, and may get a better idea?
If so, i would just have to endure my current health situation and make a big effort to attend.

I'm in two minds really!

Albus_Scope · February 2024

Heya @SJM2023, I totally understand the worry there. But please know tribunals are a lot kinder than assessments, the tribunals I've dealt with have been kind, compassionate and actually interested in what I had to say.
Mine was regarding acute social anxiety, so I know the difficulty of getting there in the first place, but seeing them face to face definitely helps, they can see how things are effecting you more. I know it'll be a huge effort, but personally, I think it'd be worth it.

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