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Old 13-05-2010, 19:43
Hut27
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I have been assessed as having a level of medical condition of an Industrial Injury below compensation level, and I have registered an appeal. I am sure my Two tests were not correct and can prove this to be the case. The Two different Test reports were assessed by a Doctor who I have never seen. I qualified on one test but was failed on the other.
I can prove the Doctor who did the evaluation of the test reports was not aware of the True Results and Facts.
My Query is, do I disclose all of my evidence in Writing before the actual Tribunal Meeting or do I just supply the bare Minimum until the actual meeting.
One other thing should I attend alone or try and get someone to go with me?. (I have no money other than my Old Age Pension). Thanks for reading this.
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Old 13-05-2010, 19:47
Hypnodisc
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Please make sure you have someone with you! I would say that's very important
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Old 13-05-2010, 20:20
Lyla_Vee
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I have been assessed as having a level of medical condition of an Industrial Injury below compensation level, and I have registered an appeal. I am sure my Two tests were not correct and can prove this to be the case. The Two different Test reports were assessed by a Doctor who I have never seen. I qualified on one test but was failed on the other.
I can prove the Doctor who did the evaluation of the test reports was not aware of the True Results and Facts.
My Query is, do I disclose all of my evidence in Writing before the actual Tribunal Meeting or do I just supply the bare Minimum until the actual meeting.
One other thing should I attend alone or try and get someone to go with me?. (I have no money other than my Old Age Pension). Thanks for reading this.
Hi

well my advice would be to only state that you wish to appeal based on the doctors evaluation and nothing else. No disclosure of evidence until the appeal as they would have more time to have their solicitors pick over it otherwse.

There will be a note taker but depending on how good or bad they are, all the details of your evidence may not be recorded, therefore take two copies of your evidence with you so they MUST take it into consideration when making their decision.

As for taking someone with you.... DEFINATELY YES!!!! If it's an industrial inury, would your trade union not represent you? Have you tried CAB?

Another point that may help. Do you have legal cover on your home insurance? Different policies offer different levels of legal assistance but definately worth a call to your insurer. You may very well be pleasantly surprised.

Best of luck
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Old 14-05-2010, 06:32
Hut27
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Hello Again, Many thanks for Replies, I have checked my House and Contents Insurance details and I am Covered for Legal Expenses up to 25000. I will check later to see if I can get them to help me in this case.
Good job I found this site , I have been asked asked for full Evidence that I am using in my claim. Now I know not to Disclose it until the day. I have made Two copies of my evidence and was thinking of doing Four so that 3 Members of Tribunal and I will have all the case before us on the day.
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Old 14-05-2010, 12:03
Hut27
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Hello Again, Many thanks for Replies, I have checked my House and Contents Insurance details and I am Covered for Legal Expenses up to 25000. I will check later to see if I can get them to help me in this case.
Good job I found this site , I have been asked asked for full Evidence that I am using in my claim. Now I know not to Disclose it until the day. I have made Two copies of my evidence and was thinking of doing Four so that 3 Members of Tribunal and I will have all the case before us on the day.
Well that was a waste of time, My Insurer The Royal and Sun Alliance don't want to know. Advised me to get an independent
Medical report done at my expense,(Already told them I have no money except OA Pension) Then they might take the case.
I don't want them to do much only accompany me to Tribunal. I have always found insurers are keen to take your Payments but Wriggle and Squirm when you make a claim. I shall change my insurer when its due in August. Will 'phone CAB next.
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Old 14-05-2010, 12:09
The Deebster
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Hi, I used to work for the DWP tribunal service. I would advise sending in any extra evidence you have now - all extra evidence is looked at before it goes to tribunal by a legally qualified person who is able to overturn the decision before it even gets to tribunal if the evidence shows the decision was wrong.

I see you are trying CAB to see if you can get a representative, you could also try Welfare Rights and some areas have free, independent organisations who help with this. You could google or check the yellow pages. It was certainly the case when I worked there that people who took a rep had more chance of winning their appeals.

Hope it goes OK for you.
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Old 14-05-2010, 16:38
sam-blonde
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you could also DIAL (disability information and advice line) they help people with appeals

http://www.dialuk.info/
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Old 14-05-2010, 17:41
Lyla_Vee
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Well that was a waste of time, My Insurer The Royal and Sun Alliance don't want to know. Advised me to get an independent
Medical report done at my expense,(Already told them I have no money except OA Pension) Then they might take the case.
I don't want them to do much only accompany me to Tribunal. I have always found insurers are keen to take your Payments but Wriggle and Squirm when you make a claim. I shall change my insurer when its due in August. Will 'phone CAB next.
I'm so sorry it didn't work out for you

My sisters insurer took on an employment tribunal for her so I thought it might be worth a chance.

Good luck with everything
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Old 16-05-2010, 09:08
Hut27
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Hi, I used to work for the DWP tribunal service. I would advise sending in any extra evidence you have now - all extra evidence is looked at before it goes to tribunal by a legally qualified person who is able to overturn the decision before it even gets to tribunal if the evidence shows the decision was wrong.

I see you are trying CAB to see if you can get a representative, you could also try Welfare Rights and some areas have free, independent organisations who help with this. You could google or check the yellow pages. It was certainly the case when I worked there that people who took a rep had more chance of winning their appeals.

Hope it goes OK for you.
Thank you all for replies, I have arranged meeting with CAB Next week. I can delay the Tribunal Hearing quite easily,until I'm ready. I am loathe to disclose all my evidence until the hearing , But will seek advice on that from CAB. I have found even more details on the internet which prove results of tests carried out on me were incomplete and scored wrongly. Thanks Again.
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Old 16-05-2010, 09:54
paulyoung666
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Thank you all for replies, I have arranged meeting with CAB Next week. I can delay the Tribunal Hearing quite easily,until I'm ready. I am loathe to disclose all my evidence until the hearing , But will seek advice on that from CAB. I have found even more details on the internet which prove results of tests carried out on me were incomplete and scored wrongly. Thanks Again.
have a wander over to http://www.youreable.com/ , some very useful help on there
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Old 16-05-2010, 10:48
The Deebster
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Thank you all for replies, I have arranged meeting with CAB Next week. I can delay the Tribunal Hearing quite easily,until I'm ready. I am loathe to disclose all my evidence until the hearing , But will seek advice on that from CAB. I have found even more details on the internet which prove results of tests carried out on me were incomplete and scored wrongly. Thanks Again.
The problem you may have is that if you submit a lot of evidence on the day they may end up adjourning the tribunal as they won't have time to consider it.
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Old 17-05-2010, 07:40
Hut27
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have a wander over to http://www.youreable.com/ , some very useful help on there
Thanks for reply, Went there, Forum was closed in Dec' '09. Will await CAB advice.
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Old 17-05-2010, 13:04
Linden123
 
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Hi Hut.

Firstly, sorry you're having bother with the DWP. I'd like to give you a sketch outline of my own situation with them for 3 years running.

I've had arthritis in my neck for years now, and finally had to give up and admit it. I went on the sick, and claimed Incapacity Benefit. The first year of it, the DWP sent me to their assessors, and he said I was fit for work. I went to Welfare Rights because the "doctor" had said things in his report that weren't true (eg "she can manage a full flight of stairs with no difficulty" - he hadn't even asked me, but saw me climb one stair in the corridor leading to the examination room). They advised me to write out a response to each point and to send it to them; they sent everything on to the tribunal in advance.

When I walked into the tribunal, they asked how I was, asked about a couple of the points I'd made, and awarded me the case. Done. I was in there for about 5 minutes.

The second and third years were the same.

Do you have a copy of the medical points system, where they say "if you can't pick up 4 litres of milk, that's 3 points", or whatever? If not, Welfare Rights should be able to send you a copy.

Are you appealing benefits, or compensation only? If it's the former, Welfare Rights will most definitely represent you for free, but I'm not sure if they do with compensation cases.

Lots of luck, Hut!

Edit: Damn, sorry, my reason for posting all that waffle was that my WR officer strongly recommended giving full evidence before the hearing because the panel then have time to look over it all beforehand. If I'd taken everything with me, they would most definitely have adjourned until a later date - something I couldn't have happen, seeing as I'd been on a reduced rate of Income Support (40-ish per week) for 7 months whilst waiting for the appeal.

Last edited by Linden123 : 17-05-2010 at 13:22. Reason: Tablets kicked in mid-posting!
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Old 19-05-2010, 07:09
Hut27
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Hi Hut.

Firstly, sorry you're having bother with the DWP. I'd like to give you a sketch outline of my own situation with them for 3 years running.

I've had arthritis in my neck for years now, and finally had to give up and admit it. I went on the sick, and claimed Incapacity Benefit. The first year of it, the DWP sent me to their assessors, and he said I was fit for work. I went to Welfare Rights because the "doctor" had said things in his report that weren't true (eg "she can manage a full flight of stairs with no difficulty" - he hadn't even asked me, but saw me climb one stair in the corridor leading to the examination room). They advised me to write out a response to each point and to send it to them; they sent everything on to the tribunal in advance.

When I walked into the tribunal, they asked how I was, asked about a couple of the points I'd made, and awarded me the case. Done. I was in there for about 5 minutes.

The second and third years were the same.

Do you have a copy of the medical points system, where they say "if you can't pick up 4 litres of milk, that's 3 points", or whatever? If not, Welfare Rights should be able to send you a copy.

Are you appealing benefits, or compensation only? If it's the former, Welfare Rights will most definitely represent you for free, but I'm not sure if they do with compensation cases.

Lots of luck, Hut!

Edit: Damn, sorry, my reason for posting all that waffle was that my WR officer strongly recommended giving full evidence before the hearing because the panel then have time to look over it all beforehand. If I'd taken everything with me, they would most definitely have adjourned until a later date - something I couldn't have happen, seeing as I'd been on a reduced rate of Income Support (40-ish per week) for 7 months whilst waiting for the appeal.
Thanks for that, I am to see CAB today. I am trying to claim a small amount of Benefit only. Compensation claim is a dead Duck, an ex work mate has Asbestosis and tried to claim compensation but Insurers said unless he could Quote Policy Number they couldn't even begin search as the Employer died 25yrs ago. He does get Payment/Benefit from DWP though.
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Old 19-05-2010, 15:20
Linden123
 
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Okay, Hut, in that case, Welfare Rights should help you. I sincerely wish you luck - it's a complete minefield, so I'd get hold of Welfare Rights in your area after you've seen CAB. I just tried to get a central number for you to call but it seems each local authority has its own website. If you Google WR for your area, you'll find yours easily. Failing that, your local council will have their number.

All the best, and I'd love to know how you get on. Feel free to PM me if you don't want to update your thread.

About your mate, it's unfortunate that symptoms occur many years later like that. It's damn hard to do anything retrospectively, isn't it?
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Old 19-05-2010, 15:40
susie-4964
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Could I just point out that so far as I'm aware, the legal cover on one's house insurance covers ONLY legal expenses incurred under the terms of the policy, e.g. public liability cases? It's nothing to do with getting legal assistance for industrial injury compensation, unless said industrial injury compensation was related to an injury caused by something covered by the household insurance, say a falling chimney pot.
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Old 19-05-2010, 20:00
Hut27
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Okay, Hut, in that case, Welfare Rights should help you. I sincerely wish you luck - it's a complete minefield, so I'd get hold of Welfare Rights in your area after you've seen CAB. I just tried to get a central number for you to call but it seems each local authority has its own website. If you Google WR for your area, you'll find yours easily. Failing that, your local council will have their number.

All the best, and I'd love to know how you get on. Feel free to PM me if you don't want to update your thread.

About your mate, it's unfortunate that symptoms occur many years later like that. It's damn hard to do anything retrospectively, isn't it?
Hello Again, I found My Local Welfare Rights Office This Morning before reading this Tonight, CAB was disappointing but person I contacted was not qualified but just a volunteer
Made me another appointment to see someone more specialised . Back to Welfare Rights, Website said 1st come 1st served so I was there at 8-30, 1st in Long Queue. A pleasant young lady photo-copied all my paperwork and seemed to understand what I explained to her . She promised to study my notes and get back to me early next week. By the way DWP have not replied to 2 letters I sent to them Recorded Delivery on the 11th May asking for more details of my Medicals. Thank you all for reading this.
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Old 19-05-2010, 21:04
Lyla_Vee
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Could I just point out that so far as I'm aware, the legal cover on one's house insurance covers ONLY legal expenses incurred under the terms of the policy, e.g. public liability cases? It's nothing to do with getting legal assistance for industrial injury compensation, unless said industrial injury compensation was related to an injury caused by something covered by the household insurance, say a falling chimney pot.
I think it depends on the company. As I said in my post, my sis got representation at an industrial tribunal from hers. Some companies are better than others. The OP's company said they may represent him BUT he had to pay for his own medical report first so it was a non starter.
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Old 19-05-2010, 23:16
Tissy
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Have you tried Age Concern now renamed AgeUK ?

http://www.ageuk.org.uk/money-matter...ming-benefits/
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Old 21-05-2010, 07:28
Hut27
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Hello, Thanks but no thanks, I had a bad experience with Age Concern several years ago. A customer had a leak under the floor of his Bungalow, Insured by Age Concern. Not a month before he had a new Kitchen Fitted with newly Tiled floor. Water was showing up at far end of Hallway, My partner cut up concrete floor following the pipes. At the kitchen door we phoned Insurers and said do we destroy new kitchen or re-route pipe over the roof and leave holed pipe in under the new tiles. Please re-route pipe was the answer and we will pay for the work. when we sent the Bill they denied we'd ever 'phoned them and all they paid for was new carpet.
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Old 21-05-2010, 09:33
LittlePolly
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Hey

I'm not familiar with the appeals system you are going through but have some limit experience with the court system. My suggestion is to give ALL evidence in before hand. This gives whoever is judging you a chance to see all the evidence before the hearing begins and I would suggest making it as accessible and easy to read as possible so the tribunal knows exactly what you are trying to say and which documentation proves in. i cannot stress enough to have evidence for everything!

I know from my experience in the small claims court that there are deadlines for giving in evidence and the Judge takes a very dim view of evidence given in on the day and it is up to his discretion whether he allows he evidence to be taken into consideration when it is out of time.

Like I said I am not familiar with the rules but it is best to keep whoever is hearing the case on side and to have made your case out early with evidence to fully back up everything you have to say. Only giving in evidence on the day suggests that you are not playing fair and that the evidence could be shoddy.

i would take a look to see if there are any free legal advice services near you who would be able to help. Hope it all goes well.
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Old 24-05-2010, 13:23
Hut27
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Okay, Hut, in that case, Welfare Rights should help you. I sincerely wish you luck - it's a complete minefield, so I'd get hold of Welfare Rights in your area after you've seen CAB. I just tried to get a central number for you to call but it seems each local authority has its own website. If you Google WR for your area, you'll find yours easily. Failing that, your local council will have their number.

All the best, and I'd love to know how you get on. Feel free to PM me if you don't want to update your thread.

About your mate, it's unfortunate that symptoms occur many years later like that. It's damn hard to do anything retrospectively, isn't it?
Hello Again, Feel like I'm trying to Punch my way out of a Balloon. "Welfare Rights" just told me they can't attend Tribunal with me but can write to DWP using the evidence I provided them with. Well I could do that myself, What I need is someone to support me in person and put my case better than I could on my own. I would feel overwhelmed in front of 3 Tribunal Members. I have today had contact with CAB again and news sounds a bit more Promising. Will keep you informed how it pans out..
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Old 24-05-2010, 14:53
Maisey Moo
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I know what you mean you just want support. I went with a friend when she went for an interview with them a few years back. They ask such stupid questions as well and you dont always understand them yourself. I did win her appeal for her and it was all backdated. I does happen when is your appeal going to be held.
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Old 24-05-2010, 18:42
Linden123
 
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Why on earth won't Welfare Rights go with you? Ooh that's annoying. If it's an availability thing, it's possible to change your hearing to a date suitable for Welfare Rights. I had to do that one year. No way was I going on my own without my advisor!

If that's not the case, then an alternative could be a friend of yours. Do you know anyone who's articulate and good with this sort of stuff who'd be willing to go with you and read up on all your background info beforehand? Literally all they'd have to do is be genned up on your situation, go into the room with you, and (after introductions) say "These are the reasons for the appeal: firstly, blah blah". The panel will then address questions to you or your representative, and it's perfectly fine to say to the panel "Can I answer that?" or "He can answer that better than me", and so on. My advisor always had a list of points in front of him, too.

The fact Weflare Rights are doing the compiling for you is great, though. They'll put their arguments together, research precedents and what-not, and them being involved can carry weight with the panel. They'll also copy you in on everything they send off.

Edit: Sorry Maisie - I was so annoyed at WR not going with Hut that I posted without reading yours. Great advice, and well done for winning your friend's appeal.
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Old 02-06-2010, 05:38
Hut27
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Why on earth won't Welfare Rights go with you? Ooh that's annoying. If it's an availability thing, it's possible to change your hearing to a date suitable for Welfare Rights. I had to do that one year. No way was I going on my own without my advisor!

If that's not the case, then an alternative could be a friend of yours. Do you know anyone who's articulate and good with this sort of stuff who'd be willing to go with you and read up on all your background info beforehand? Literally all they'd have to do is be genned up on your situation, go into the room with you, and (after introductions) say "These are the reasons for the appeal: firstly, blah blah". The panel will then address questions to you or your representative, and it's perfectly fine to say to the panel "Can I answer that?" or "He can answer that better than me", and so on. My advisor always had a list of points in front of him, too.

The fact Weflare Rights are doing the compiling for you is great, though. They'll put their arguments together, research precedents and what-not, and them being involved can carry weight with the panel. They'll also copy you in on everything they send off.

Edit: Sorry Maisie - I was so annoyed at WR not going with Hut that I posted without reading yours. Great advice, and well done for winning your friend's appeal.
Hello again, 1st of June, Went to CAB Office, I'm afraid another waste of time.
Debt, Child Support, Incapacity Benefit, Carers Allowances, Rent ,Or Tenancy problems , That's the Scope of their expertise and operation, Industrial Tribunals NO. I have now contacted a community Solicitor and await an appointment to see him. Will keep in touch.
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