Tribunal Date for PIP...Scared as hell

ausgirl2016
ausgirl2016 Posts: 9 Forumite
Third Anniversary
edited 24 September 2018 at 11:32AM in Disability money matters
Hi All

Looking for a bit of reassurance, i know ive posted before but now i have the date im struggling a lot.

I have a tribunal date for PIP after they dropped points and an horrendous assessment where the assessor lied. I have reports from surgeon, ME nurse etc
I have reems of other medical support baking up my unabilty to walk a certain distance and lots of different things. I have the following all backed up:
    Severe Hypermobilty Fybromaliga Degrading spinal discs at bottom of back IBS Raynards ME/CFS Chronic Pain and Chronic Regional Pain Removed and fused Right wrist Broken and damaged foot awaiting a fusion

I am really scared now about the tribunal, ive got more medical advice which again trumps the assessor and backs up how my disabilites affect me but i am really worried now. Im not sleeping, my hair is coming out in drones and the whole process makes you feel like your going mad due to the lies from the assessor.... she even contradicts herself...

I work 28 hrs a week as my work supports me, i have a blue badge but i am not sure what to expect. Im sending my additional medical stuff through and my husband is attending who also attended my assessment.


How bad are the tribunals.... i cant concentrate a lot due to pain hence husband is coming but im panicking a lot now. Its in afternoon and tbh come 2pm im screwed and i talk nonsense a lot of the time replacing words so im worried. Assessment was bad enough in the morning.

Any advice appreciated.

Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 24 September 2018 at 12:39PM
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/your-hearing/

    Some really good information and advice here. Half way down there is a link to a sheet to print out and take with you.

    As the link says it is not formal. Take your time with your answers - don't feel that you have to rush them. The panel will understand how nervous you will be feeling.

    Take notes with you to make sure that you tell them everything

    The very best of luck
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    The tribunal isn't bad and there's always someone trained in disability there as well as the judge and a medic.

    I found the tribunal to be less stress than the medical assessment, you can do this!
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I'd agree with the others. Tribunal panels are very used to people being anxious / frightened, and will go out their way to try to calm the appellant and get the verbal evidence from them that the panel need to reach the right decision.

    Remember that the tribunal are there to decide if the DWP decision was correct or incorrect. They are not there to judge you. But they need you to tell them the difficulties you have in day-to-day particularly around the PIP descriptors:
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

    The panel have to justify their decision in law, so they will be very thorough .You can help the tribunal by going through the descriptors, and explaining why your health conditions mean you struggle to do relevant descriptors reliably, safely, in an acceptable standard, and in a reasonable time period for the majority of the time.
    Before the hearing make notes (about the relevant PIP descriptors), covering a typical week or fortnight, etc. Have your examples ready to talk to the panel about. Remember, if you don't tell the panel they won't know. (As NeilCr said).

    Try to concentrate on the PIP descriptors rather than just your health conditions. Fully explain to the panel how your health conditions affect the PIP descriptors. The panel will ask about your day-to-day life and how you cope.

    I would caution against slagging off the assessment at your hearing. Tribunal panels see many flawed assessments, and at our CAB many clients go from 0 points to an award. (Remember 8 points are needed for a standard award, 12 for enhanced). Concentrate on the points you should have scored. Tribunals will be aware of the cut and paste nature of flawed DWP evidence:
    https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad/
    Latest PIP tribunal success rates stand at 71%.

    This is a good guide to what to expect at tribunal, and how to prepare:
    https://www.advicenow.org.uk/guides/how-win-pip-appeal
    Please read it carefully.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • thank you all, my advisor and representative is now unable to come with me which is fine and he has helped prepare a legal submission. I just literally feel like its another grilling and I wont slag off DWP I will just point out incorrect points...i can back it up with medical evidence...its just draining when my conditions will only ever get worse and i will be due for renewal again in another year or so despite degenerative conditions.

    Ill go back through against descriptors as I know its how it affects me ..not what it is...i'm just not great at talking about health it left me in a wheelchair for a while in March and i struggle to talk about it with crying which i dont want to to... they dropped a point off my daily living i was on enhanced as she didn't put down what we said and my mobility went up to 10 from 8 but i cant weight bear at all since first assessment and have medical surgeon letters and a ME nurse statement saying i cant walk more than 20 metres without pain or dislocation... The assessor said i walked back to waiting room but she told us to just leave and I had to stop due to pain several times which she said I walked unsteady with an aid but managed the distance without stopping....the lies are just awful...and upsetting.

    Ill go through all this lovely advice and make some voice notes ( i use voice activation most of time as cant physically write due to having my wrist removed and fused) the pain is crazy and ive not written since school...yet my work is amazing and I am so blessed I've always been able to work with adaptive technologies, wonderful boss, parking outside office etc.

    Thank you all , wish me luck in 3 weeks
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