10

AT THE TRIBUNAL

 

When you arrive at the tribunal office, a clerk to the Tribunal will see you. She/he will explain the make up of the tribunal and pay you any expenses you may be due. If you use a wheelchair or have difficulty walking then travel by car, driven by someone else, or take a taxi. Your appeal will be scheduled for a certain time so make sure you arrive early. You may have to wait so be prepared for that.

 

Inside the tribunal room you will be met by three members of the tribunal. The Chairman will be a solicitor, there will be a doctor and a layperson knowledgeable in disability,  possibly disabled him/herself. The chairman will explain that while the tribunal must       apply to the law they do not represent the department or indeed have anything to do with the department. They are simply there to ensure the law has been applied correctly given your medical condition at the date of the last decision. That last decision will be the

reconsidered decision, which was originally issued. If your condition has deteriorated then that cannot be taken into consideration similarly, if your condition has improved

neither should that be considered. Despite this the members may ask you about your

 condition; now remember deterioration, in your condition, is not relevant at this stage.

 

Your representative, if no written submission has been made, will make a statement about your case identifying relevant points that support your appeal. He must deal with

comments, in any report, that call into question the truth of your statements so that, for example, if the EMP report states that you can walk 250 yards the representative must point out that this may just be a guess and that no real test of your walking ability was

undertaken and this figure was reached after only observing you walk a few steps.

 

When the representative has finished his statement, if any, the tribunal will ask you any questions about your condition at the time of your last decision. The tribunal member, who is a doctor, will probably ask questions, related to your walking ability first. His questions will be followed by questions from the layperson relevant to your need for

assistance with bodily function and then the Chairperson, if he/she has any questions, will ask them.

 

You must be consistent with your answers. If you do not understand the question ask for it to be repeated. If the question is vague ensure clarification but most of all be consistent and remember what you said on your claim form and in any letters etc. that you have

submitted. An appeal is lost and won on the evidence given by you. The representative cannot provide answers in relation to your symptoms only you can do that and you MUST be consistent. One of the questions that invariably comes up is ‘How do you spend a

 normal day?’ Remember you do not have normal days, so differentiate between ‘good days’ and ‘bad days’. If you cannot get out of  bed, on a bad day, then say so and ensure that when you are talking of ‘god days’ that you point out those good days re only a

minimal improvement on bad days. It cannot be stressed enough that you must be

consistent. There is no point attending the appeal if you are stating, in answer to the

question above ;