Employment benefits

[emmie]

can't find a category, but need to know if you have to attend a Benefits return to work tribunal, which is an independent panel of people, who can you get to go with you, or how does it work.

[chas2008]

i would advise it, my wife had her tribunal in March and as such you get paid benefit up until the tribunal whatever the outcome. Rather than attend she wrote a long letter explaining her situation they then read this straight away threw her claim out( which was so wrong) and stopped her benefit immediately, this was back in November.If she had attended at least she would have got another 4-5 month benefit.

[chas2008]

im assuming you are talking about ESA ?

[emmie]

yes

[emmie]

would someone from CAB be able to go with you, as i haven't a clue, and so far i have got myself into a mess with this, my health has suffered because of it.

[EDDIE51]

Who held this tribunal , the DWP themselves or was it 'subcontracted' to an independant body?
I know that these 'independant' panels get paid a large bonus for every claim they reject or benefit they stop.
I would get in touch with the CAB urgently, they will help with your tribunal hearing and even get a claims advisor to go with you. DO NOT go alone they will reject your claim !

[EDDIE51]

Our posts crossed.
Yes get hold of the CAB now, they need time to access your claim and the advisors are very busy and booked up well ahead.
They did my wifes claim which had been refused before and got back the full benefit within 5 days ! they were wonderful and knew the exact way to word the claim , we would have lost again without them.

[emmie]

yes independent tribunal, no idea when it will be, but having had the worse time imaginable trying to sort this have to seek other help. Can the CAB person go with you, would they even be able to seeing how busy they are. I can't face this alone. It could be months away, but have to fill in the final form and get it off to them asap.

[EDDIE51]

Get on to the CAB now ! so that they can be looking at your case and book an advisor.
Yes, if nessesary they go with you. They may be able to appeal without going to the tribunal, in my wife's case they thought of things that we had just taken for granted but were relevant to the case. for example it take my wife around 1/2 an hour to get out of bed, we just put it down to old age but they said it was due to her illness and made it part of the case.
These independant tribunals are terrible.
I once took a wheel chair bound person to one. When we arrived it was on the 4th floor and the lift was out of order. They would not come down to him despite me asking and it was impossible to get him up 4 floors, they rejected his claim for not attending the interview ! We got it reversed but it took 5 weeks.

[emmie]

I have and going back to go over the whole thing with them. Sorry to say i thought it wouldn't take this long, and that it wouldn't have been quite so complicated how wrong can you be, and i should know better. from past experience.

[EDDIE51]

em10, yes it takes a long time and is VERY complicated that is why they get away with putting people off. As I said we would have just had to accept the rejection without the CAB.

[THECORBYLOON]

Eddie, ATOS do not stop folk's benefit. They carry out the assessments for the DWP but it is a DWP Decision Maker who gives the decision.