PIP Appeal Hearing Advice/Help please

vfm100

Could someone who has attended the Appeal Hearings please give me some advice/help.
I have agreed to help a relative attending one on these hearings and would like to gain some information on the format of the Appeal Hearings.
Could anyone please tell me what the format is e.g.
Is the claimant or their representative asked questions about their application, or is a representative allowed to give a presentation regarding how their conditions affect them?
Is the representative allowed to say why they disagree with the DWP decision and state errors in DWP report and omissions from the report?
Does the DWP give evidence?
How long the hearing is expected to last?
Is a decision given on the day?
Thankyou in advance for all information given.

NeilCr

This should help

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

I've been to a couple and, as the link says, they are informal and not intimidating

Alice_Holt

Here is a guide:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

At the hearing the tribunal panel will want to hear from the claimant.

Well before the hearing date, it helps if the claimants rep has submitted a statement (with medical evidence) showing which additional points should have been awarded and why. On the day the claimant can give the panel more details / examples / illustrations etc.

Can your relative not get help from their local advice agency?

This is a helpful site:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals

And:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/appeals/apply-to-tribunal/

Edit: As NeilCr says the tribunal will not be overly formal. But they do want to hear from the claimant, so as Rep it is best to seek their permission before speaking. They don't like constant interruptions from the Rep. You are likely to be asked (towards the end of the hearing) if you have anything to add - here it is helpful to reference the disputed PIP activities and descriptors, explaining why your relative should have been awarded (more) points. Take the evidence bundle with you.

vfm100

Thankyou for your replies which have been helpful.
The relative has poor memory problems so I think I will write a statement out for them to read from otherwise they will forget.
I have provided all the additional evidence from doctors and specialist (including a memory test which showed poor memory). I will make sure we take all the paperwork and I have already highlighted the reasons why the relative should be awarded PIP using the descriptors.
The relative had been dreading the hearing and it has affected the number of fits which they have been having. I have tried to tell them not to worry but I know it is playing on their mind.
Thanks again

calcotti

The claimant is not really expected to make a statement. A good tribunal panel will have looked at the paperwork prior to the hearing (albeit they don’t get long to do this) and identified the areas they are most likely to be interested. They will then ask the claimant questions that help them form an opinion.

Alice_Holt

calcotti wrote: »

The claimant is not really expected to make a statement. A good tribunal panel will have looked at the paperwork prior to the hearing (albeit they don’t get long to do this) and identified the areas they are most likely to be interested. They will then ask the claimant questions that help them form an opinion.

And if the OP has submitted a statement, the panel will likely focus on the activities and descriptors identified in this.
The panel will ask about the claimants day to day life, with particular emphasis on any disputed activities (Preparing food, etc).

calcotti

I should have made clear that when I said the claimant is not expected to make a statement I was referring to the hearing itself. As Alice says a written statement by the OP and/or their representative can help hugely in aiding the tribunal to identify the areas to explore at the hearing.

Tribunals do obviously vary depending on who is sitting on the panel but a good panel will try and put the claimant at their ease (as far as this is possible) - they want the claimant to be able to answer their questions as fully as possible. Simple yes/no responses do not help them much.

Alice_Holt

calcotti wrote: »

Tribunals do obviously vary depending on who is sitting on the panel but a good panel will try and put the claimant at their ease (as far as this is possible) - they want the claimant to be able to answer their questions as fully as possible. Simple yes/no responses do not help them much.

This is a very good point.

The panel will struggle to make the correct decision, if the claimant does not give them all the relevant info.
This is why a diary / notes to take into the hearing to use as an aide-memoire is helpful (particularly with poor memory) - see the Advice Now guide for more info. The last thing the claimant wants is to come out of the hearing with a negative result, thinking if only I'd told them about......

OP - remember that the panel are reviewing the DWP decision on the date it was made. So, they will be looking at the claimants condition and abilities on that date.