Has anybody been to the Benefits appeal court

Just wondered what happens at the benefits appeal court

I have to go to the 12 oclock court Saville Street

I have been off work for a year

first time ever after working for 18 years, it was found after months of constant pain that I have several collapsed discs.

Which prevents me from doing most things.

I was claiming incapacity but after six months that stopped and I was sent a form to fill in explaing my capabilities

which I did quite honestly, I have since found out I could have had help to fill it in

Anyway I was sent to see a Doctor at Harts head in Sheffield who asked me all the questions again

like how far could I walk stand lift heavy objects etc, and everything I told him I couldn't do he put down I had no problems doing anything

looking as though I was was making it all up,

the examinations lasted exactly 10mins, and because of his answers my benefit was stopped,

have to add I am not prejudice, but he wasn't English and I had trouble understanding him.

I have been sent an appeal form

Its not just the Benefit though obviously I need it, at the moment I am getting nothing,

because my husband works.

but i am upset that one person can decide after 10 mins on my illness

But its amazing how many stories I keep hearing of different people on benefit that shouldn't be

yet I have a real reason and am not believed

Anyway I have to go to this court and just wondered if anybody else had been and what to expect,

the word court is enough to put me off

Go to your local CAB and get some support with your appeal as soon as you can. You need someone who's in the know to help you with getting the appropriate benefits for yourself.

I don't know anyone who's been approved for DLA recently without at least going to appeal (and that includes a friend who's got spina bifida).

Thankyou it just seems like they dont want anybody on benefits

But for some its genuine

My mum had to go to appeal and she has a number of illnesses, at least one of which means she has to be on Oxygen for most of the day.

Just wondered what happens at the benefits appeal court

Hi Mary. This is going to take a fair bit of quoting to make it as clear as possible, so bear with me! Try not to think of it as a 'court' as such. They're really not designed to be as adversarial as that. I'm assuming that the benefit you're appealing is Incapacity Benefit, and not DLA as well (I seem to recall you starting a thread on these lines some months ago.)?

I have to go to the 12 oclock court Saville Street

I have been off work for a year

first time ever after working for 18 years, it was found after months of constant pain that I have several collapsed discs.

Which prevents me from doing most things.

If I remember correctly, you were on SSP, and then had to claim Incapacity Benefit. Is that right?

I was claiming incapacity but after six months that stopped and I was sent a form to fill in explaing my capabilities

which I did quite honestly, I have since found out I could have had help to fill it in

Yes. Various places such as CAB's can help with filling forms, or there is also the Benefit Enquiry Line (0800 88 22 00), which is very helpful.

Anyway I was sent to see a Doctor at Harts head in Sheffield who asked me all the questions again

like how far could I walk stand lift heavy objects etc, and everything I told him I couldn't do he put down I had no problems doing anything

looking as though I was was making it all up,

the examinations lasted exactly 10mins, and because of his answers my benefit was stopped,

have to add I am not prejudice, but he wasn't English and I had trouble understanding him.

You could have been represented at the medical as well.

I have been sent an appeal form

Have you got a copy of the appeal form you sent (GL24), and before sending this in, did you ask for a 'reconsideration' of the original decision?

Its not just the Benefit though obviously I need it, at the moment I am getting nothing,

because my husband works.

but i am upset that one person can decide after 10 mins on my illness

It's not one person, but several. The final decision is made by a Civil Servant, albeit heavily based on the evidence provided by the doctor.

But its amazing how many stories I keep hearing of different people on benefit that shouldn't be

yet I have a real reason and am not believed

If qualified medical opinion says they're legally unfit for work, they're unfit for work. Remember a lot of troubles are invisible, including some physical ailments.

Anyway I have to go to this court and just wondered if anybody else had been and what to expect,

the word court is enough to put me off

Twelve O'Clock Court is just the name of the building where the tribunals are held, in the same way as Queen Elizabeth Court is a block of flats at Herdings; don't let that put you off!

There will be three people sitting. The chair of the tribunal is a solicitor, and the other two will be a doctor, and a 'lay person experienced in the difficulties experienced by people with disabilities'.

Before I explain other aspects of the tribunal can I just ask a few things to get this really clear in my head? Is the following right:

You had a medical at Hartshead.

You were told you could no longer claim Incapacity Benefit.

You've had no help in completing the forms.

You haven't asked for a review, or reconsideration of the decision (this doesn't require a form to be completed.).

The date on the letter saying you were no longer entitled to is dated more than four weeks ago.

You have sent in the appeal form (GL24).

There has been a date set for the tribunal.

Sorry there are loads of questions there, but it will make life easier for me to try to help you!

Yes I had a medical

I was told I could no longer claim incapacity

I had no help completing the forms

I have asked for a reconsideration I sent in a really long letter

outlining why I thought the decision was wrong

I have sent in the appeal form

I have a date end of January

It is just incapacity I am claiming, you did help me some months back

I have been off more than a year now.

Yes I had a medical

I was told I could no longer claim incapacity

I had no help completing the forms

I have asked for a reconsideration I sent in a really long letter

outlining why I thought the decision was wrong

I have sent in the appeal form

I have a date end of January

 

It is just incapacity I am claiming, you did help me some months back

I have been off more than a year now.

Thought I remembered your handle!

Firstly, you absolutely must be represented in this. Go and see a CAB, or give me a rough idea of the area you live in; I might have a local contact.

As you do have a date for the tribunal, have you been sent 'the bundle'? This is a copy of all the paperwork which was used to make the decision, including the original forms, your letter, the GP's report, etc.?

To go on to what will happen at tribunal, try not to be too worried. Your rep will outline the areas where you both think the decision has been made incorrectly. Your rep may use a load of legalese, but just let them waffle. Then you'll be asked questions on those specific areas by the tribunal, and maybe a bit about general health. It's very important to look at the bad days, and not the good days.

There may be a couple of bits of summing up from your rep and the tribunal, but really, that's all it is.

It's not like they're there to prosecute you!

It's possible that there will be a representative from Jobcentre Plus there to present their case. If there are any questions from them, they must be put via the chair of the tribunal. Your rep will advise further, but you need to get a representative as soon as possible.

If you've any other questions before you get a rep, just post them, and I'll answer as soon as I can.

Thankyou, yes I have got the bundle of paper work

I thought about going back to my Doctor for another letter would that help

as they only have the Med 4 signed by my Doctor

Also my brother who is an ex police sergeant has said he will represent me

No. Go to an advice centre. Unless your brother is experienced and up to date with benefit legislation, go to an advice centre and quickly. I'm glad you have the bundle. PM the rough area you live in, and I'll see if I know of someone who can help.

Another letter from your GP, or specialist may help, but I'd leave that decision to who can represent you.

Although the tribunal isn't a frightening experience (really, it's not), you still need to have someone who really knows what they're doing. Not saying your brother wouldn't want to help, but you really need experienced, and independent representation.