PIP tribunal with ongoing complaint to DWP

GlasweJen

Here's my timeline:
December 2015 - invited to transition from DLA to PIP, requested DLA file to be made available to the DM and explained on the phone that it won't be possible to get evidence before deadline due to Christmas and new year closures

January 2016- attended interview with HCP

February 2016 - advised decision delayed

March 2016 - nil award requested MR

March 2016 - MR took place within 10 days of original decision - made a complaint as I had 28 days by process to submit MR and also complained that the original DM had worded the decision in such a way that some of my adjustments were merely lifestyle choices (needing to use taxis to get to and from work).

March 2016 - appealed the decision and had acknowledgement from HMCTS.

May 2016 - received letter from DWP, apologised for not dealing with complaint as someone opened my letter but didn't action it. Said sorry for making MR within my 28 day window but a third decision maker said decision still stands. Ignored my accusation of DM1 biasing future decisions - escalated complaint to head of DWP

May 2016 - discovered DWP had not made my file available to PIP team - made complaint

May 2016 - raised fitness to practice query against HCP as basic medical errors made on report.

So I am 10 days away from tribunal and have no idea how it's going to play out. I am posting evidence tomorrow from several specialists that I have as I requested my medical records from the hospital.

The evidence is mostly "dear doctor" letters between my specialists and my GP and outline my conditions, mental state and the complete lack of any therapeutic drugs that can help as we have tried them all.

I'm 5 weeks away from surgery and I'm stressed out my head. Are the DWP likely to send someone to the tribunal in the above circumstances?

The entire process has been a nightmare from start to finish and I just need to know how many people I'm likely to face when I get to tribunal?

Icequeen99

DWP rarely send presenting officers - although it can happen. But I wouldn't worry too much about that side of it.

Tribunals are fairly informal and they are independent. The best evidence is the evidence you give so you are doing the right thing by sending in as much as you can ahead of the Tribunal and then supporting that with your oral evidence.

It might also be helpful to the Tribunal if you put in a submission focusing only on the actual PIP award, so putting aside all of the complaint aspects which the Tribunal are not able to decide on. You should state which points you believe you should be awarded and why and point out the supporting medical evidence for each of those.

Good luck

IQ

Alice_Holt

This is a useful guide to the tribunal and appeal process:
http://www.advicenow.org.uk/guides/turned-down-dla-aa-or-pip-or-think-youre-not-getting-enough

You will need to be aware of the points-scoring system for PIP (unlike DLA):
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

Have examples / illustrations / notes with you at the tribunal to tell the panel about. Make sure these are relevant to the PIP activities & descriptors.
Needing aids can score 2 points on a number of activities - so tell the tribunal if you need these (bathroom rails / perching stool, etc).

More info here:
http://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/

It helps if you can get your GP / Health Professional evidence to relate to the PIP activities.
You can also provide evidence from carers / family members.

Good Luck. The tribunal panel will be much more thorough than the HCP.

GlasweJen

I don't do GP visits, I was a recovering iatrophobe before all this now I'm well and truly disengaged from all doctors except cardiology. Even my counsellor has switched to telephone appointments.

Confuseddot

GlasweJen wrote: »

I don't do GP visits, I was a recovering iatrophobe before all this now I'm well and truly disengaged from all doctors except cardiology. Even my counsellor has switched to telephone appointments.

Could you get your counsellor to write you a letter confirming the above and anything else they can say.

When i accompanied my friend a few years ago to her DLA tribunal there was 3 people of the panel if i remember correctly all of which were lovely.

Best of luck

wellynever

GlasweJen wrote: »

I don't do GP visits, I was a recovering iatrophobe before all this now I'm well and truly disengaged from all doctors except cardiology. Even my counsellor has switched to telephone appointments.

Do you contact your GP by phone ?

I do and thats the way it's been for some years and got PIP both higher rate.