PIP Tribunal THIRD attempt... SUCCESS

leamingtonspaceman

I started a thread about this sometime ago but it got closed due to some rather inappropriate comments:

https://forums.moneysavingexpert.com/discussion/6673459/pip-tribunal-second-attempt

So I thought I'd start a new thread in order simply to update.

My wife had her THIRD Tribunal on Monday. What was supposed to be a two-hour hearing to give my wife sufficient breaks turned into just a 20-minute hearing.

It was fairly obvious from the outset that the panel had read everything submitted to them and had already reached a decision. They asked some questions but didn't delve too deeply.

At the end they asked if I'd like to speak. I did and highlighted how long this had been going on for, that this was the third tribunal and how my wife and I were reaching breaking point. My wife had already cried during the very limited questioning and I found myself crying when making my verbal contribution.

At that point the judge said "Okay Mr. xxxxxx, thank you for that. Can you turn the camera back so we can see both of you in the shot?"

I did that.

The GP and disability expert both removed their glasses and sat back in their seats. The judge then relaxed and said "I want you both in the shot because I have made my decision and I am awarding you enhanced care and mobility."

At which point my wife and I both blubbed quite uncontrollably.

The judge then went on to explain what happens next and that was that.

So the award will be backdated to February 2024 which means my wife will get a substantial amount of back pay.

We had almost decided to give up at various points throughout the process but obviously are so glad we didn't.

I would like to thank EVERYONE who gave us advice in the thread I've linked to, even those whose comments were removed.

So now I need to challenge my ESA decision that I discussed in another thread I've since updated:

https://forums.moneysavingexpert.com/discussion/6612360/esa-uc-transitional-protection-and-other-points-of-confusion#latest

If anyone can add to that then that would be wonderful.

Thank you...

Muttleythefrog

Great news… and obviously a hell of a contrast with the bizarre and dare I say it somewhat outlier of experience of the previous tribunal which seemed to have made some errors and strange oversights leading to the ordering of new tribunal. It sounds like this time it played out with a serious look at the evidence and I'm not surprised that they felt minimal engagement required in person to finalise their decision as there would have been a lot of material I am sure to look at. We can all rest easy knowing there are still 7 days in a week!

Clive_Woody

Pleased for you and it's nice to hear a positive outcome. My wife has MS (since she was 17, now aged 52) and really struggles but has been turned down for PIP and the appeal, we are waiting for a tribunal date and have been for a very long time. The amount of stress this has caused her and our family has been awful, so it's nice to hear something positive.

leamingtonspaceman

https://forums.moneysavingexpert.com/discussion/comment/82086285#Comment_82086285

All I can say... and I don't say this lightly... is to NOT give up.

I say that as someone who, along with my wife did consider giving up pursuing her claim. But I'm not someone who really ever gives up where justice is concerned.

The whole thing has become something that can really only be described as a joke. The DWP aren't there to help you, they're there to hinder you and attempt to suck the life out of you at every turn.

I can't help but feel that this is now an attitude that is insidiously creeping into the tribunal system.

I was reading a Reddit thread about PIP recently and you really couldn't make up some of the reasons why judges turn down PIP appeals. Walking a dog four times a day when you haven't got a dog and never have done was one example. Another was being able to describe how your disabilities affect you (the whole point of the hearing). So that decision is set aside and you decide at the next hearing to not describe how your disabilities affect you, and you get turned down for that too. Feeding a cat at your window when you live on the 8th floor of a block of flats was another.

All anecdotal of course but why would people make these things up?

In my wife's case the judge effectively stated that there are only three days in a week as one reason to turn down her appeal.

And yet these judges are allowed to carry on helming tribunal hearings because once you've reached the status of 'judge', you are untouchable. You can be as incompetent as you like with no oversight from anybody else. Yes, your decisions can be set aside, but the consequences of that are that you are not stopped from chairing any future tribunals.

There is no consistency throughout the whole PIP process regarding those making the decisions.

But hopefully, somewhere down the line, somebody WILL listen to you, you WILL be heard and you WILL succeed.

Having said this, I dread to think how many people do give up, because claiming PIP has now become a legal fight. No system that should help the most vulnerable in society should ever come down to who has the most legal expertise.

I wish you well with your wife's tribunal when it comes around and even if that doesn't go in her favour, that doesn't have to be the end of the fight.

Good luck and wishing you all the best...