Page 1 of 10 123 ... LastLast
Results 1 to 10 of 94

Thread: Appeal today...

  1. #1
    Senior Member googlybear's Avatar
    Join Date
    Sep 2012
    Location
    In this together
    Posts
    555

    Appeal today...

    ...not sure it went well at all.
    Was in the room for 1¼ hours, and the result is to be posted out to me. Is that a good or bad thing?

    The legal member of the panel seemed to spend most of her time asserting her authority and lining up her cross-hairs at my representative, i dunno if there is some personal issues between them, but i wasn't impressed with him either.
    Between that and trying to pick holes (even if there weren't any) in things i had said. She also couldn't say the Latin names given to some medical conditions...

    ...not very hopeful, now another dreaded wait...
    Illegitimi non carborundum

  2. #2
    Senior Member
    Join Date
    Jan 2012
    Posts
    1,803
    Quote Originally Posted by googlybear View Post
    ...not sure it went well at all.
    Was in the room for 1¼ hours, and the result is to be posted out to me. Is that a good or bad thing?

    The legal member of the panel seemed to spend most of her time asserting her authority and lining up her cross-hairs at my representative, i dunno if there is some personal issues between them, but i wasn't impressed with him either.
    Between that and trying to pick holes (even if there weren't any) in things i had said. She also couldn't say the Latin names given to some medical conditions...

    ...not very hopeful, now another dreaded wait...
    Who was on the panel, it's usually just the judge and a medical advisor.

  3. #3
    davewhit
    Guest
    Quote Originally Posted by googlybear View Post
    ...not sure it went well at all.
    Was in the room for 1¼ hours, and the result is to be posted out to me. Is that a good or bad thing?

    The legal member of the panel seemed to spend most of her time asserting her authority and lining up her cross-hairs at my representative, i dunno if there is some personal issues between them, but i wasn't impressed with him either.
    Between that and trying to pick holes (even if there weren't any) in things i had said. She also couldn't say the Latin names given to some medical conditions...

    ...not very hopeful, now another dreaded wait...
    what did you expect its still a court of law if they did not give people 20 questions they would not be doing there job, that said many people get the third degree and get the award they wanted

    its not picking holes its getting to the facts,

    IMO 1 1/2 hours is good does not take long to turn someone down

    so fingers crossed and dont worry they have a job to do, there not there for a tea party.

  4. #4
    Senior Member mikeydt1's Avatar
    Join Date
    Feb 2012
    Posts
    976
    sometimes they will give a result on the day but it is also quite normal for them to send the results out which might be a few days.

  5. #5
    Senior Member RaeUK's Avatar
    Join Date
    Sep 2012
    Location
    in a world of my own ...
    Posts
    567
    Best wishes, googly, and fingers crossed for a good result for you.
    You can't tell if it's been good or bad by how the Tribunal choose to notify you of the result. Different areas seem to work in different ways. I've had two ESA Tribunals, been given the result of each there and then, and failed them both. I found both Tribunals incredibly helpful, very very informal and easy to communicate with.

  6. #6
    Senior Member googlybear's Avatar
    Join Date
    Sep 2012
    Location
    In this together
    Posts
    555
    replied here twice now, both posts failing to show. Something going on with the site?
    Illegitimi non carborundum

  7. #7
    Senior Member googlybear's Avatar
    Join Date
    Sep 2012
    Location
    In this together
    Posts
    555
    Obviously something wasn’t allowed through the filters…
    Thanks for all your replies.
    Wobble - the medical member was a Dr. McPhee and the legal member was [didn’t get her first name] Kidd, which is a common name in local legal circles.
    Davewhit – I expected to be questioned, I’ve been to several tribunals before. But she sat there and told me I had said things I hadn’t, and suggested my credibility was at stake. It seemed to me she was confused about one of my medical conditions (the one she couldn’t say!), which itself would be grounds for a further appeal, if I’m not mistaken.
    There was another topic that was top of her list, where she again questioned my credibility, but didn’t afford me the opportunity to respond. Another ground for appeal, me thinks.
    My guess is they cannot reach agreement between themselves, the doctor siding with me, and the legal member not.
    The whole hearing was recorded on someone’s Dictaphone (if it’s good enough for a tribunal, then it must also be good enough for a medical!), I’m sure I’ll get a copy should the need arise
    Illegitimi non carborundum

  8. #8
    vikstar
    Guest
    "The whole hearing was recorded on someone’s Dictaphone (if it’s good enough for a tribunal, then it must also be good enough for a medical!), I’m sure I’ll get a copy should the need arise"
    I am not sure if you are saying that someone has covertly recorded the tribunal hearing, but if they have, be careful, as if this comes out, you could be held in contempt of court.

    If someone has got into the hearing with a recording device, this also raises security issues.

    You could use the recording as a reference, but I wouldn't let anyone know that you have it.

    If you are not happy with the decision and want a record of what went on, you can request a written statement of reasons, and a record of proceedings within one month of receiving notice of the decision.

    Hope you get the right result.
    Last edited by vikstar; 01-05-13 at 11:04.

  9. #9
    davewhit
    Guest
    Quote Originally Posted by googlybear View Post
    Obviously something wasn’t allowed through the filters…
    Thanks for all your replies.
    Wobble - the medical member was a Dr. McPhee and the legal member was [didn’t get her first name] Kidd, which is a common name in local legal circles.
    Davewhit – I expected to be questioned, I’ve been to several tribunals before. But she sat there and told me I had said things I hadn’t, and suggested my credibility was at stake. It seemed to me she was confused about one of my medical conditions (the one she couldn’t say!), which itself would be grounds for a further appeal, if I’m not mistaken.
    There was another topic that was top of her list, where she again questioned my credibility, but didn’t afford me the opportunity to respond. Another ground for appeal, me thinks.
    My guess is they cannot reach agreement between themselves, the doctor siding with me, and the legal member not.
    The whole hearing was recorded on someone’s Dictaphone (if it’s good enough for a tribunal, then it must also be good enough for a medical!), I’m sure I’ll get a copy should the need arise
    "not having the opportunity to respond. " i doubt is grounds to appeal they decide what they want to hear and what weight is given to evidance,,,,,,, I still think you have good chance of winning

  10. #10
    vikstar
    Guest
    Quote Originally Posted by davewhit View Post
    "not having the opportunity to respond. " i doubt is grounds to appeal they decide what they want to hear and what weight is given to evidance,,,,,,, I still think you have good chance of winning
    Actually, not being allowed to respond, or being allowed to state one's case, can be adequate grounds for an appeal to the UT, as the tribunal might be classed as having erred in law. Failing to take into account a material fact can also be another reason.

    I have actually successfully appealed an Employment Tribunal decision on not being given the opportunity to respond and state one's case.

    Whether or not the tribunal might have been errant in law should be decided by a qualified person, and opinions should not be voiced by unqualified people on what may or may not be an error of law.

Similar Threads

  1. GOOD NEWS .... ESA APPEAL WON .... TODAY (Support Group)
    By KatherynH in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 30-04-14, 19:22
  2. ESA Appeal Allowed Today
    By Leigh36295 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 6
    Last Post: 25-10-13, 09:34
  3. Appeal Papers Came Today :(
    By KatherynH in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 13
    Last Post: 31-08-13, 18:24
  4. Got my appeal pack today and urgggghhh those lying gits
    By help_me in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 24
    Last Post: 05-07-13, 19:58

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •