PIP tribunal

jay1964

Has anyone had a telephone or video call tribunal , my son had his mandatory reconsideration turned down and has appealed so it’s going to tribunal . Does anyone know what this involves . He’s asked for a video call as he’s mental health issues and couldn’t cope with doing it in person . He has a representative who will be on the video call with him to help him …. He wants to prepare so he’s not too anxious on the day , he’s been waiting a few months now … any help or advice would be great 

Alice_Holt

Starting point will be PIP activities and descriptors that he thinks points should have been scored for. 
Has the representative send a submission to the tribunal explaining why an award should be made?

Have a read through this, and have some additional examples to tell the tribunal that explain the help that is needed - why, how, etc. Think about what happens which prevents him completing the PIP activities reliably.   

Listen carefully to the tribunal questions, and try to answer them as fully as possible.

I would suggest that you / a family member sits with him, sets up the conference call, etc.

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

https://www.advicenow.org.uk/guides/how-win-pip-appeal    (Section 9,10,11)   

jay1964

Thank you , He’s wondering will he be asked all the same questions that was asked at the original assessment …. Also is the tribunal as long as 40 minutes …. Has anyone done the actual tribunal and can advise ? 

poppy12345

The questions they will ask will totally depend on how exactly his conditions affect him. As we're all affected differently then it would be impossible to give any advice regarding that.

Some hearings can last 10 minutes, others can last an hour, it will depend on the case.

If he has a representative then he or you should be asking them all those questions because his rep should know everything about his case.

Alice_Holt

jay1964 said:

Thank you , He’s wondering will he be asked all the same questions that was asked at the original assessment …. Also is the tribunal as long as 40 minutes …. Has anyone done the actual tribunal and can advise ? 

      Tribunal panels are very thorough, they will want to hear from your son about the difficulties he experiences in his day to day life because of the disabilities / long-term illness he suffers (in particular those around the relevant PIP activities).
      As poppy says timings vary, but I would be prepared for up to 80 mins. It is really important to listen carefully to the questions the panel ask, and answer them as fully and truthfully as possible. Panels do as much as possible to set the claimant at ease, in order to get the information they need from them to make a correct decision in law.

Tribunals (IMO) are must better versed in PIP case law and interpretation than the DWP DM's and ATOS's (etc) assessors - so it is really important to give them full and consistent verbal evidence. 70+% of PIP tribunals succeed.
Because a tribunal needs to justify its decision in law, be prepared for questions to be very thorough and possible repetition / clarification sought if the information given by your son is not entirely clear. 

  Have you read the links I provided, your question suggests not - these are written by people experienced in the process and will answer your question on hearing procedures, what to expect, how to prepare etc ?   Where are you in the appeal process?    Have you the DWP evidence bundle ?    Has a submission been sent?

As previously said questions will centre on the PIP descriptors your rep has asked the tribunal to consider. It is very important that you and your son are in total agreement with the submission, and are happy to expand on it at the hearing. Have additional examples, and understand the crucial part that "reliably" and "majority of the time" plays in PIP decisions.
The panel will want to hear directly from your son, the rep is likely to play little part in the actual hearing process.

  Where are you in the appeal process?   Has a submission been sent?

  What has your rep told you about the process?

jay1964

They had written out for his medical notes for the appeal and his representative had sent the info In . She said she’d be in touch when we got a tribunal date … she sent the requested info a month ago …. Yes I did read the links provided …. It’s just a stressful time for him …. And us as a family 

calcotti

There's nothing you can do now but wait. 

Alice_Holt

jay1964 said:

They had written out for his medical notes for the appeal and his representative had sent the info In . She said she’d be in touch when we got a tribunal date … she sent the requested info a month ago …. Yes I did read the links provided …. It’s just a stressful time for him …. And us as a family 

       Before you get a tribunal date you will receive the evidence bundle from the DWP. 

        Have you received that?

       The time to send a submission / statement to the tribunal is after this bundle has been received.  I would expect your rep to go through this carefully and with the help of you and your son, to write a submission to the tribunal explaining what additional PIP points apply to get to an award, and why.

      Waiting till the tribunal date comes round is not a good idea. A reps submission is very important and needs to be with the tribunal in good time. 

      What has your rep said about writing a submission ?    Has one been send to the tribunal with the medical notes ? 
  If one has been written, you should have a copy and had approved the wording, have you a copy? 

    The Advice Now link had details on how to write a statement for the tribunal. Please read it carefully, and take note of the advice given.

    I fully realise this is a stressful time for him and you, but you need to ensure that all has been done to give your son the best chance of success at the tribunal. If your son has received the evidence bundle, but a his submission has not been sent to the tribunal then you need to chase the rep. Is the rep from an accredited advice charity / welfare rights organisation?
 
    Has the rep talked to you / carers / other family members about writing a letter to the tribunal confirming the help he needs / gets around the disputed PIP activities?

   I repeat the time for this preparation is between receiving the DWP bundle and getting the tribunal date.  You have not answered my earlier question about your submission - if one has not been done then your son's tribunal will be more difficult for him. Also as I have said the submission will frame the questions he is asked at tribunal.

calcotti

calcotti said:

There's nothing you can do now but wait. 

When I wrote the above It was said on the assumption that as you have a representative they have done everything Alice has set out.

jay1964

Alice_Holt said:

jay1964 said:

They had written out for his medical notes for the appeal and his representative had sent the info In . She said she’d be in touch when we got a tribunal date … she sent the requested info a month ago …. Yes I did read the links provided …. It’s just a stressful time for him …. And us as a family 

       Before you get a tribunal date you will receive the evidence bundle from the DWP. 

        Have you received that?

       The time to send a submission / statement to the tribunal is after this bundle has been received.  I would expect your rep to go through this carefully and with the help of you and your son, to write a submission to the tribunal explaining what additional PIP points apply to get to an award, and why.

      Waiting till the tribunal date comes round is not a good idea. A reps submission is very important and needs to be with the tribunal in good time. 

      What has your rep said about writing a submission ?    Has one been send to the tribunal with the medical notes ? 
  If one has been written, you should have a copy and had approved the wording, have you a copy? 

    The Advice Now link had details on how to write a statement for the tribunal. Please read it carefully, and take note of the advice given.

    I fully realise this is a stressful time for him and you, but you need to ensure that all has been done to give your son the best chance of success at the tribunal. If your son has received the evidence bundle, but a his submission has not been sent to the tribunal then you need to chase the rep. Is the rep from an accredited advice charity / welfare rights organisation?
 
    Has the rep talked to you / carers / other family members about writing a letter to the tribunal confirming the help he needs / gets around the disputed PIP activities?

   I repeat the time for this preparation is between receiving the DWP bundle and getting the tribunal date.  You have not answered my earlier question about your submission - if one has not been done then your son's tribunal will be more difficult for him. Also as I have said the submission will frame the questions he is asked at tribunal.

This is all new to me , the last letter He got was from the appeals service who said they required further medical evidence , I have given his notes to the rep and she said he had given her permission to reply on his half , ( which he did ) and all she said was it shouldn’t be too long now as they’re facing up the info they have …so the next step won’t be an actual date for the tribunal yet …..? I really appreciate your help , should I ring his representative again and ask her what is happening ? I assumed she would tell us 

jay1964

She did write on the letter in to the appeals reasons why she thought it was wrong that he wasn’t awarded PIP ….and that he wanted to appeal the mandatory reconsideration that he was turned down for ……..is that the submission letter ?