Hi friends my PIP claim has gone to a tribunal is there anything I can do to assist its success?

Margret1994

So there was a UK residency problem, and Ive rectified it with UC and they gave me a residency letter, however PIP has been sent to a tribunal before I even got my residency confirmation letter.

So am I now guaranteed a win at the tribunal because one I have official residency and a letter to prove it, confirmed by the DWP and 2 it was something completely out of my control in the first place with regards to a residency issue ie not my choice.

I have plenty of evidence to support my disability case high blood pressure readings visits to various hospitals inside and outside the country meds and so forth, endless CBT etc over the long term. (I havnt given them yet because I dont need to)

But the only thing being contested is my my residency which I officially have according the the DWP so will I just automatically win at the tribunal ?

Thanks and kind regards everyone!

So as it was being reconsidered and then sent to a tribunal I didnt have this residency letter from the DWP now I do

I was also a victim of crime forced to stay out of the country over the DWP time limit  ie it wasnt in my control ie it shouldnt even be contested for that reason. 

Margret1994

also it said on google that im more likely to succeed at a tribunal if im there in person but id rather not go because its a panic likely scenario for me and it takes me a ton of effort  and preparation just  to do normal things like go into town etc

peteuk

Sorry your post is somewhat confusing.  

Have you had a PIP assessment, and have you seen the result of the PIP assessment?  If the PIP claim was successful and the only reason they are not paying it is because your residency status then if you proof your residency then you should, in my eyes get pip. 

If they have questioned your residency before doing the assessment (which I believe is the correct way of doing PIP) then once youve proven residential status you will need to complete the assessment and then it will go to a decision maker. 

peteuk

Margret1994 said:

I have plenty of evidence to support my disability case high blood pressure readings visits to various hospitals inside and outside the country meds and so forth, endless CBT etc over the long term. (I havnt given them yet because I dont need to)

Just as a back up, its not the diagnosis that gets you pip its the effect on your day to day life.  You will need to provide evidence of this with your pip assessment. 

The I don't need to attitude will not get you far with a PIP assessment.   Equally the threshold for treatment abroad is sometime higher/lower than the UK , so just because you had treatment abroad doesnt mean it will be viewed as being the same in the UK.   I really struggle to see how, without evidence you believe you’ll qualify for PIP.  

The PIP assessor will not have access to your GP or hospital records, the only evidence they will have is that provided by you, either in written form (eg doctors letters) or you or questionaire or verbally during the assessment. 

Muttleythefrog

Can only agree with Pete above... I am totally confused as to your situation. Is this an existing claim you lost payment with because you were on extended time out of country? Are you in a reassessment? Why are you facing a tribunal over residency that the DWP have accepted in reconsideration... that should end the need for an appeal?

As per Pete... PIP is assessed according to the activity descriptors.... focus always on those... treatments, hospital stays and diagnoses only will go so far as to evidence underlying problems which you would have to explain the latter's relevance of disabling you.

Hopefully some clarity can be brought here to assist.

Margret1994

So I got the mandatory confirmation letter from UC and PIP are yet to find out it seems, in the mean time PIP is going to a tribunal over residency and I already have residency, my question is what happens at the PIP tribunal, keep in mind ive sent PIP the residency letter now from UC but I havnt heard back from them yet and its only been a few days. But I want to do the best I can to win at the tribunal so im here asking for advice on how to best do that 

8dayweek

Habitual Residency requirements for UC and PIP differ - UC looks at right to reside and your then your factual residence / qualifying right to reside. PIP includes the past-presence test, and there’s also some other more complicated competent state tests in some instances. 

It’s perfectly possible to satisfy HRT for UC (i.e. returning British citizen) and fail for PIP (i.e. not satisfy the past-presence test). 

You should get advice from an immigration advisor and see if they will look over your appeal. 

8dayweek

peteuk said:

Sorry your post is somewhat confusing.  

Have you had a PIP assessment, and have you seen the result of the PIP assessment?  If the PIP claim was successful and the only reason they are not paying it is because your residency status then if you proof your residency then you should, in my eyes get pip. 

If they have questioned your residency before doing the assessment (which I believe is the correct way of doing PIP) then once youve proven residential status you will need to complete the assessment and then it will go to a decision maker. 

Also I second this - HRT I would expect to be done before any PIP forms or assessment etc? If the HRT failure is overturned at appeal it won’t grant you a PIP award - it just means you satisfy HRT and they’d then need to go through the motions of assessing for PIP entitlement. 

Muttleythefrog

Margret1994 said:

So I got the mandatory confirmation letter from UC and PIP are yet to find out it seems, in the mean time PIP is going to a tribunal over residency and I already have residency, my question is what happens at the PIP tribunal, keep in mind ive sent PIP the residency letter now from UC but I havnt heard back from them yet and its only been a few days. But I want to do the best I can to win at the tribunal so im here asking for advice on how to best do that 

Are you appealing a decision on whether you meet the criteria (not relating to residency) for PIP in terms of disablements? If yes is this a new claim or a reassessment? It's difficult to advise without understanding what is on the table of appeal here. If the appeal only relates to residency then I don't understand why it would proceed if the DWP already have decided you are habitually resident unless there is an issue of timing over when it applied and your claim was earlier.

If your appeal relates to disablements... focus on the descriptors (statements of disability) that score points on the relevant activities for you...have clearly in your mind what descriptors apply and how you will describe your difficulties which you should have done in the application. Be honest.. come across as credible.. do not fear telling them how you struggle or have difficulties doing tasks.

Margret1994

Muttleythefrog said:

Margret1994 said:

So I got the mandatory confirmation letter from UC and PIP are yet to find out it seems, in the mean time PIP is going to a tribunal over residency and I already have residency, my question is what happens at the PIP tribunal, keep in mind ive sent PIP the residency letter now from UC but I havnt heard back from them yet and its only been a few days. But I want to do the best I can to win at the tribunal so im here asking for advice on how to best do that 

Are you appealing a decision on whether you meet the criteria (not relating to residency) for PIP in terms of disablements? If yes is this a new claim or a reassessment? It's difficult to advise without understanding what is on the table of appeal here. If the appeal only relates to residency then I don't understand why it would proceed if the DWP already have decided you are habitually resident unless there is an issue of timing over when it applied and your claim was earlier.

If your appeal relates to disablements... focus on the descriptors (statements of disability) that score points on the relevant activities for you...have clearly in your mind what descriptors apply and how you will describe your difficulties which you should have done in the application. Be honest.. come across as credible.. do not fear telling them how you struggle or have difficulties doing tasks.

I was denied PIP because of a residency issue, my conditions are not in doubt, the tribunal is over residency not disability conditions 

Margret1994

• So my conditions were never in doubt and never the problem so I dont have to give evidence for them at the tribunal or so I think, I appreciate that is against all tribunal advice on google which is why I mentioned it here too , but a senior decision maker at PIP said the only issue was the residency so I hope I am making the right presumption here

  
  
• So again DWP has given me residency can PIP also deny me the same type of benefit related residency at the same time?