PIP Renweal Changed..MR Failed.. now tribunal...what can I expect?

ausgirl2016

Hi All

I have previously been awarded enhanced daily living (12 points) and standard mobility (8 points)
I got 'renewed' and had an awful assessment with my husband present , I am on double crutches and had disabilities since the age of 11.I have always worked as have government support that helps and a blue badge. None of the descriptors are contradicted by my work

I wont go into big details but my conditions (medically proven and evidence given ) are:

Extreme Hypermobilty since the age of 11w
Removed right wrist and is now fused
Right foot being fused next year cant weight bear
Lower spine degrading and arthritis
ME/CFS (assessment letter was also sent in)
Chronic pain and chronic regional pain syndrone
Fybromlygia
Raynards
Mild IBS

I had an updated renewal assessment and explained things had got worse and explained wise, the assessment was awful she didn't listen, she rushed me through saying she didn't have time to look at all my evidence . I then lost a point on daily living so dropped to standard, yet we explained things had got bad and included more evidence, i also had to stop several times on way to the room and on the assessment she said i went back to the waiting room but that was alos a lie as we got sent straight out.I gained two points in mobility but despite proof that i cant walk without severe pain or crutches reliably for more than 20 metres they ticked the next one. despite using crutches and unable to weight bare.

I requested an MR send a lengthy report in and an additional report from my ME nurse also stating i cant walk more that 20 metres....i wasn't going to appeal, i was pretty upset as there were so many lies and iI have had these conditions from a young age apart from the ME/CFS which was diagnosed a year or so ago after lengthy assessments. They also said because i can drive (i said i can only drive the journey to work everyday which is 3 min away but i was struggling with the car and wanted to look into automatics but financially im not in a position at the moment)...so many vital things were missed out report and she contradicted herself so much she said i had no cognitive issues and yet ME/CFS is a cognitive issue and i get brain fog and replace words with random rubbish a lot which is in my report from the ME clinic but because i do not do it in that assessment the decision maker said i was fine... the assessment was 9.30 in the morning and as my report from the clinic said i struggle in the afternoon more as I am more tired from the day,

I decided to appeal to tribunal, i have a representative as im not in a great place physically at the moment and its affecting my mental state although i am not pushing mental health grounds.

I guess my question is, what can i expect from a tribunal, im pretty terrified to be honest.?

Im not after giving up work, I have always worked, i have cut hours back o 26 a week and will be cutting it back more soon but ive had access to work support and again nothing contradicts the points... my office is right by my car..its ground floor, i use voice activation at work, meetings come to me... my conditions are life long and degenerative but the awards are renewing every two years.

Any advice appreciated, like I have said i have the representative for the tribunal.

NeilCr

I've been to a few tribunals as a support person. In all honesty they were fine. There were three people on the panel (one a doctor) and someone from the court to take minutes.

As far as it could be, they were informal. They were behind a table and we sat opposite them. They asked questions about the condition and gave time for replies.

I, also, found them quite understanding. In one case the person I was with got on the wrong bus and was running pretty late. They gave her a reasonable amount of to get there - which she just did.

I am sure different people have different experiences. All I can say is that I volunteeer in a CAB office and we have one team who do, occasionally, represent. My partner used to go to quite a lot of tribunals as a rep, too. I haven't heard any horror stories from anyone about the tribunals

I hope it goes well for you.

pmlindyloo

A link for you which gives a good explanation and some useful tips.

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/

White_musk

My tribunal was absolutely fine. There was the Judge, a Doctor and a woman who was an expert in care needs. There was also a man there from DWP. The DWP guy and I sat at one side of the table the other three the other side. They actually moved office to accommodate my needs. In turn they all asked questions but I was given plenty of time to answer and explain things in detail. The DWP guy who was young enough to be my son, kept his head down pretty much, asked me a couple of token questions and that was it.

From no award after 20 years high rate care and mobility DLA to enhanced care and mobility within around 15 minutes. The time in front of the tribunal was quite long but that was because they didn't rush me or make me feel I had to hurry. It's obviously stressful but nowhere near as bad as I thought it would be.

ETA: Here is the link to my thread I did just after my tribunal. https://forums.moneysavingexpert.com/discussion/5697326

ausgirl2016

thank you all, i am really worried and do keep going from fighting it to giving up because my health is very bad at the moment following major surgery. Appreciate the advice and reviews of experiences thank you x

White_musk

ausgirl2016 wrote: »

thank you all, i am really worried and do keep going from fighting it to giving up because my health is very bad at the moment following major surgery. Appreciate the advice and reviews of experiences thank you x

I'm not going to tell you not to worry because you will anyway but honestly, it's not nearly as bad as you will have made it in your mind. The panel are totally independent and are prepared to give you the time and space you need to put your case. I came out so relieved I broke down, the Judge came out and gave me a hug. They are humans who are there to help you.

Alice_Holt

This is a helpful guide on what to expect -
https://www.advicenow.org.uk/guides/how-win-pip-appeal

I would echo the other posters.
The tribunal are there to decide if the DWP decision was right or wrong.
The key is to weight the evidence in your favour. So the evidence from your ME nurse will be very helpful. As this was submitted with your MR it will be in the evidence bundle you receive from the DWP.

You can get evidence from family, friends, and work colleagues. A brief letter is sufficient. All evidence will carry more weight if it is linked to the PIP descriptors (.i.e. 20m walking).
Your verbal evidence at the hearing will be very important - so have notes / examples / a diary with you (see the PIP guide for more on this).

Remember that if you can't do the activities reliably you should be assessed as not being able to do them. If you take longer than twice as long to do an activity (possible with your ME, Chronic pain and chronic regional pain syndrome, & Fybromlygia) then you should have scored points.

The PIP assessors guide shows how the descriptors should have been interpreted:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/665635/pip-assessment-guide-part-2-assessment-criteria.pdf

This is a useful site:
https://www.benefitsandwork.co.uk/

Just to emphasis Neil's point. At my CAB, the Benefits Caseworkers get around a 90% success rate at tribunal. Often starting from no points.

Good luck

https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad?utm_term=.kmWEmVgJo#.jeWa7k9OL
"Britain's most senior tribunal judge says most of the benefits cases that reach court are based on bad decisions where the Department for Work and Pensions has no case at all........."

Dandytf

This thread is very interesting as I was yesterday awarded 14 daily living points and existing 8 mot ability points since I completed change in condition form a couple of weeks earlier.
As my latest decision is confirmed after a written assessment -I'm looking forward to increase daily living though slightly disappointed with lower rate mobility -I have posted this via another thread.
Thought I'd post and comment what the OP isgoing through probably means I'll not bother appealing though the nice lady commented I could within 28ays after my recent award starts.

LocoLoco

OP, I've been to a number of appeals over the years on my son's behalf and to be honest I find it's the best way to get an honest appraisal of the situation. The panel have always been fair, they've listened to the points I needed to raise and ask further questions to aid their understanding of the situation. I didn't feel they were trying to achieve a certain outcome the way that some other assessments do. It was nerve wracking but I explain when I get there that I'm nervous and they're happy to give you time to answer questions, refer to your notes, have a sip of water and so on. I've won all but one appeal and I knew that one was borderline but thought I'd go for it anyway. As others have said there's no point saying don't worry as we all do but it probably won't be as bad as you think xx

ausgirl2016

thank you all, x

TOBRUK

ausgirl2016, I know this is an extremely stressful and worrying time for you. Others here have hopefully eased your worries about going to tribunal. I know it is scary and you will worry regardless of what anyone tells you.

I have been to two tribunals in the past (about DLA) and won both. I was extremely nervous both times but that is natural. I was transferred from DLA to PIP last year which fortunately was successful.

I too have ME, amongst other disabilities and conditions, so I can understand some of the difficulties you face on a daily and hourly basis. This added stress will not help your condition, and I know it will cause exhaustion both mentally and physically.

As others have stated, the tribunal has a panel (which in itself is scary I know) who ask questions about your claim. They are fair, they will not rush you, and so take your time to answer, and take notes in with you (as with ME, you may have difficulties in thinking straight or remember what you want to say) with the points you disagree with in the report/decision and the way you were treated at your face to face assessment.

You are allowed to take someone in with you for support even if they don't speak.