If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Looking for tips for your PIP appeal? New tips page published

Chris_ScopeChris_Scope Posts: 695Member Chatterbox
edited January 16 in PIP, DLA and AA
Our latest community tips page on Personal Independence Payment (PIP) appeals has just been published. If you're currently in the process of appealing against your PIP decision or are considering doing so, you may find it particularly useful. 

Click here to view our PIP appeal tips page.

Replies

  • sundontshine123sundontshine123 Posts: 81Member Talkative
    If you have had a bad assessment and the assessor has lied bullied rushed you and now you been awarded less points or refused pip.
    complain in writing to company they work for.
    As these assessors guide the DWP as the decision maker has NO qualifications.
    things wont change if we dont report these issues.

  • [Deleted User][Deleted User] Posts: 692 Listener
    edited April 2017
    The user and all related content has been deleted.
  • JLM1972JLM1972 Posts: 6Member Listener
    I'm  sorry to hear about your fruends wife.  My Son  suffrred severe epilepsy and sadly  passed  away.  He had his benefits taken off him because he went to live independently  at our cost to make his home safe. We successfully  appealed,  all he ever wanted to do was work but  no Employer would take the risk. Having said that  he did have lots seizures in a day so these conditions shoukd never  even be  assessed at least  not in cases where even medication  can't  control the  epilepsy. His Consultant wrote a very strong letter  in support of his claim. 
  • JLM1972JLM1972 Posts: 6Member Listener
    Sorry for the spelling mistakes! 
  • [Deleted User][Deleted User] Posts: 692 Listener
    The user and all related content has been deleted.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    When you decide to appeal to the tribunal you only need to outline your case on the SSCS1.
    Start preparing your own case, you should have asked for a copy of the HCP report
    You will then receive a letter from the clerk to say that your appeal has been accepted
    The DWP then have 28 daye to prepare their case and send you a copy ( The bundle)
    You should check that the bundle contains all your evidence
    Using this you should then complete preparing your submission making clear reference to the specific part of the bundle for each of your points of argument.
    If you have further evidence to send, reference this in a similar way
    Attach your evidence to the back of the bundle with your name and NIN clearly on each page


    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    When I appealed, my submission was on my SSCS1 form, with additional pages.  The Tribunal then sent me the DWP bundle and a letter asking me to advise them of dates unavailable for a hearing and to send in any additional evidence up to seven days before Tribunal date.  Tribunal awarded me enhanced rate both components indefinitely.
  • tiggs9tiggs9 Posts: 19Member Whisperer
    Thank you for the said information I shall take all of this on board as I am so depressed about it all I really find it hard to sleep I have recently had a spiromitary test because I find it hard to do anything before I get breathless I already suffer with asthma but I am finding it more harder to cope I suffer with osteoporosis arthritis I am a coeliac ,I have really bad eyes I am deaf in both ears I have hypertension pttsd have very low mood swings on lots of medication but still they say I'm not entitled to any benefits j do have an appointment with citizens advice and when I go out down town I always use my rolator or my stick which I got from silcs
  • RozannRozann Posts: 13Member Whisperer
    These comments have made me feel a lot more able to prepare my PIP appeal for tribunal. I have osteo arthritis, heart disease and asthma. I had to give up work in 1997 because of this and was awarded DLA at the higher rate for life. I only got the standard rate PIP for mobility for 6 years yet I am now worse than in 1997.
  • triggertrigger Posts: 2Member Listener
    I gave up because I was afraid of losing my benefit .wish I had not now as I'm much worse
  • Pippa_ScopePippa_Scope Posts: 3,647Administrator Scope community team
    Hi @trigger, I'm sorry to hear this. Are you claiming anything at the moment?
  • triggertrigger Posts: 2Member Listener
    Standard rate  mobility and  standard rate daily living ,
    i used to get full rate mobility 
  • tiggs9tiggs9 Posts: 19Member Whisperer
    I'm not claiming anything. I'm just waiting for my date for the Tribunal my breathing has got worse I'm under a specialist at the moment I have to have a ct scan on my chest they have done blood tests and I have to go back in four months time for my results 
  • vikki8846vikki8846 Posts: 1Member Listener
    need help been trying to contact casb but no success. i am a appointee for my daughter who has epilepsy/absences and this causes bad behavioral problems and memory problems. we have to attend a tribunal on wednesday as she had her dla taken from her has she hit 16. was told to apply for pip and had no joy what so ever. she has scored a 6 out of 8 for daily living and 0 for mobility. daily things we all do are a struggle for her. can someone please help me on how i can win this tribunal for her please. im so worried
  • john_djohn_d Posts: 1Member Listener
    These seem to be like good tips. I particularly was interested in the comment about further evidence after receiving the DWP bundle. I am in the middle of a tribunal appeal having recently received this evidence from the DWP. I was however advised by a worker for HeadWay that the Tribunal would be hard pressed for time to read a long document, which I was intending to write in lieu of "upto-date" medical evidence.
    It has worried me that I am helping a relative who has ABI and whose condition has "stabilised", i.e. is not changing and therefore is not in receipt of any current medication. The person concerned is now seen by a clinical psychologist at a yearly review which is likely to be 10-12 months old at the tribunal hearing.
    Has anybody any comments upon my dilema?
    Is evidence from a carer likely to be accepted by the Tribunal?
  • tiggs9tiggs9 Posts: 19Member Whisperer
    I was told recently by letter that they are still not changing there mind about my outcome even though my husband sent a copy of my care package so I have to just wait for the Tribunal but if it is anything like last time I wasn't entitled to anything and to me it seems as a total waste of time because I know the answer before I go I never get any help  its been this way all through my life so really I don't know why I bother I only end up more depressed then I go right down 
  • RozannRozann Posts: 13Member Whisperer
    I was assessed by the DWP in 1997 to need the Highest Rate Mobility for life. In March I had to apply for PIP. I asked to have a copy of the medical record written by the DWP in 1997. I was told this would no longer be held by them. Then I read that these records are held by the Secretary of State. I wrote to my MP asking for her help and today I received a copy of this from the DWP. It makes very interesting reading  I shall use this when I have my Tribunal hearing. Maybe other  PIP claimants who were awarded DLA could get their records. I hope this helps someone.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    When I had to apply for PIP the DWP asked if I wanted my DLA medical reports included.  The appeal panel considered these to be significant.  I'd not obtained any up to date reports as neither my GP nor my consultant know how my conditions affect me on a day to day basis. I won my appeal.
  • RozannRozann Posts: 13Member Whisperer
    I'm pleased for you that was a great result. I asked for my DLA medical reports and was told they'd no longer be available. I hope I win my appeal when I get one.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    It was strange that they told you that your medical reports were no longer available when mine were, dated 1998.  

    Am pleased that you have now received your DLA medical reports. You should send a copy of these to the tribunal service as they will form part of the bundle.
  • karenfielderkarenfielder Posts: 6Member Listener
    I found the PIP appeal service appalling; the judge and two sidekicks accused me of "being perfectly capable" - I had both my hands and wrists in splints along with elbow crutches. I was retired off early from my medical secretary hospital job and had all the evidence of the occy health processes which led to my early retirement. I felt that I was penalised because I had a brain and used it. They did not focus on my obvious disabilities. I could not get my unfair refusal over turned. I went through the whole process again starting from the beginning and was finally awarded high level for both support and care. I have to say thought that one of the annoyances when trying to obtain written evidence from hospital consultants, their rules are that they do not provide medical evidence for PIP or ESA as it is a waste of their time and money!! Then the PIP people ask you for written evidence from your medical professionals. The NHS and PIP need to sit down together and decide who want what and who is liable for providing it.
  • RozannRozann Posts: 13Member Whisperer
    I agree with you that the NHS and PIP need to get together. I have appealed and am waiting for a date for my Tribunal. During this time I've made notes of changes to my every day ability to carry out certain tasks and how I feel. I was wondering when you received the date for your Tribunal was there a form to fill in and send to court or did you just send a letter and medical records? I'd like to start writing something in advance as it might stop some of my anxiety about the Tribunal.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    edited December 2017
    @Rozann

    Once you have received a tribunal date itself (which probably won't be until two weeks before), you don't have to confirm this as you should already informed the tribunal clerk of any dates you would not be available.  

    You may send in any further evidence, medical or otherwise, at any time up until seven days before the hearing.  You can submit more evidence on the day as long as it isn't more than a couple of pages of A4.

    The tribunal will only consider your conditions and disabilities as they were at the time of your assessment, not as they might have changed since.

    It's a good idea to take some notes, for your own use, to the hearing to refer to if necessary.
  • tiggs9tiggs9 Posts: 19Member Whisperer
    I'm still waiting for my date to go to tribunal all this waiting is really stressing me out it still not fair the way they treat people sometimes I wonder if it will be worth fighting only to be told no I hate this I have had this three times now they give me it then take it away then give me it again and then take it away then yet again I get it back now they have stopped it again how that makes me so depressed I'm fed up with it all 
  • karenfielderkarenfielder Posts: 6Member Listener
    Matilda's advice is 100% spot on, I was told that all information previously submitted does not need to be submitted again, but, as Matilda states, if you submit any further info it has to be how you were when you first applied and not how it may have deteriorated since.  The CAB were so helpful for me, they gave me a sheet of how the points are worked out by the DWP, which I think that you can get on line, it was so helpful.  I was also told that 70% of claimants fail if they try to represent themselves at appeal so it is a good idea to take someone who knows your disability and how it affects you on a day to day basis. Like I say, although it is a very stressfull and worrying time, if at first you don't suceed, draw a line under the battle and start again from scratch with a more informed mind.  Good luck!
  • karenfielderkarenfielder Posts: 6Member Listener
    tiggs9 said:
    I was told recently by letter that they are still not changing there mind about my outcome even though my husband sent a copy of my care package so I have to just wait for the Tribunal but if it is anything like last time I wasn't entitled to anything and to me it seems as a total waste of time because I know the answer before I go I never get any help  its been this way all through my life so really I don't know why I bother I only end up more depressed then I go right down 


    Chin up Tiggs - you cannot let them win.  You are the best person to know your own health/disabilities so you need to keep fighting them!


  • MatildaMatilda Posts: 2,393Member Brian Blessed
    I went alone to my PIP appeal hearing and won.  Even if they take someone with them, the panel will expect the claimant to answer most of their questions themselves - unless the claimant has great difficulty communicating and needs someone to communicate for them.
  • feirfeir Posts: 339Member Chatterbox
    the phone number for making an PIP appeal has now changed and is free to call (0800 number). so that's good in a way. i've also been told i can appeal online, so won't have to travel anywhere.

    i got 0 points on my application, they found no evidence of anything, they even said i didn't look mentally ill and the support i have been referred to for my mental health is not real because it's online -i found this more offensive than anything else. they even said i am not under the care of any specialists so they did get everything wrong (i'm under the care of a spine specialist and have been for a few months now). thought they contacted your GP for evidence?
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    You can lodge an appeal using an SSCS1 form and can lodge this by email. However, as far as the hearing is concerned a paper or remote hearing is not what you want as your chances of success diminish to somewhere between 3 and 5%.
  • JCTaylorJCTaylor Posts: 8Member Listener


    If you have had a bad assessment and the assessor has lied bullied rushed you and now you been awarded less points or refused pip.
    complain in writing to company they work for.
    As these assessors guide the DWP as the decision maker has NO qualifications.
    things wont change if we dont report these issues.




    What's address please assessor who visited my partner bullied him lied twisted what he said. I was in room whilst she asked only certain questions.
  • RozannRozann Posts: 13Member Whisperer
    Where can I find the name of the company the assessor works for? He didn't tell the truth on a number of things. I'm not sure if it was the assessor or the lady from the DWP that the written assessment went to who said I can take more of my medication in a day than I can. I have asked my Dr. and he confirmed that the dosage I'd stated was correct. Because I have heart disease as well I can't take anti inflamatories and this was sneered at.
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    It’s the company on the appointment letter.
  • [Deleted User][Deleted User] Posts: 0 Listener
    edited February 4
    @DannyMoore i don't think many people get you but you already know that .peace be with you 
  • tiggs9tiggs9 Posts: 19Member Whisperer
    Hi everyone I still haven't heard anything from my tribunal hearing haven't even been sent a day to go now I have just been diagnosed with breast cancer and I have a mastectomy on the 12th February so I have more to worry about it gets worse for me I am absolutely pig sick of it all what with my other illnesses surely I should be given my benefits back because this is causing my depression now to get worse what with all the anxiety I have had in my life now I have this on top fed up with life lots of love tiggs 9
  • feirfeir Posts: 339Member Chatterbox
    they've shut my appeal and i never got to send them anything or heard about the appeal. they just said they looked over my case again (don't know why they bothered) and have again awarded me 0 points. some of their new information contradicts what my consultant said so it looks like they've lied about me.
    and they said they still couldn't see any sign of depression, idiots, you can't see mental illnesses that's how come people commit suicide and everyone is surprised to find out they were depressed.
    i cba really but will phone them for another claim form tomorrow and try and get on top of a couple more appointments next week and catch up on sleep.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    edited February 4
    Sorry to hear of your diagnosis, @tiggs9.  Hope the op goes well.  I had breast cancer over 20 years go, received treatment, and the cancer has never returned.

    You should write to the Tribunal Clerk and tell them of the estimated length of time you are unlikely to be available to attend a Hearing because the Tribunal only has to give you two weeks' notice.

    65% of people win their appeals, myself included.  There is various info on this site about what to expect at Appeal Hearings.  The Tribunal will only be able to consider your conditions and their effects up to the time of the DWP decision letter, not any subsequent diagnoses and their effects.

     :) 
  • tiggs9tiggs9 Posts: 19Member Whisperer
    It's sickening how we are treated everyone who has lost there benefits should all band together and say this is not fair the way we have been treated one I'm not a liar I don't ask for this kind of treatment I only want what I am entitled to if my doctors and medical people say I am ill then you should respect there letters and there decisions as they are qualified to diagnose us not you 
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Hi feir

    Was this a mandatory recon or a tribunal appeal ?

    CR
    Be all you can be, make  every day count. Namaste
  • feirfeir Posts: 339Member Chatterbox
    just had a look on the letter and it said mandatory notice.
    the woman i spoke to on the phone though said i had one month to do an appeal and needed to have all my information/evidence. don't even know what they'e done here?
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    If they have carried out an MR without considering your new evidence then you can ask them to look at it again.
    The next stage is to apply to the tribunal.
    To begin this you need to submit form SSCS1 with your basic reasons for your appeal
    You will then receive an acceptance letter followed by a bundle of evidence used by the DWP in your claim.
    When you receive this you should check that all your evidence is included and use this bundle to prepare your own submission.

    CR
    Be all you can be, make  every day count. Namaste
  • feirfeir Posts: 339Member Chatterbox
    ok,thanks.
    i'm guessing their evidence is the assessment itself? like the assessor said things that contradict so i'm guessing i'll win easy enough.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    There is no such thing as an easy win.
    Although contradictions need to be pointed out, the only way you can win the award you deserve is to show that you meet the descriptors.

    Often the HCP and dwp don't take into consideration the reliability factors.
    For a descriptor to be satisfied you must be able to complete it
    Safely
    Repeatedly
    To an acceptable standard
    And in a reasonable time

    CR  
    Be all you can be, make  every day count. Namaste
  • feirfeir Posts: 339Member Chatterbox
    edited February 6
    thanks CR.
    i actually looked into this a little further and am now going to try and backdate my appeal to before i became too ill to claim, i put 2 claims in, one several months after the first and the second one is this one i have just been appealing.

    i'm at the doctors on friday so will try and get all the supporting evidence i need for my original claim, i never completed it as i became too ill to but noticed you can appeal after a month if you have a reasonable excuse. might as well push my luck as i'm sick of being fobbed off now.

    sorry for the late reply also. been having some mental health issues due to being turned down for help, basically the rejection letter made me feel invalidated and blamed the lack of support i already have as a reason to why i was turned down.i feel a lot better today though and can think better and am organising.
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    You have up to 13 months to challenge the decision on your original claim BUT any award will be limited to the day before your 2nd claim so you'll only be appealing that small period.
  • feirfeir Posts: 339Member Chatterbox
    edited February 6
    seriously? so i have to do 2 appeals?
    not that fussed, on the days i can cope i can do anything lol. messing them about twice is good enough for me. always been one for returning the favour so that i shall do. :)
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    Well you’ll need to do an MR on the first claim before you can appeal it. Any award will only cover the months inbetween your two claims. If you can get an award for that first period it does make it a ts harder for them to make a lower award for the second period but, given the timings, you’d probably want to get your current appeal delayed until both could be listed together. Then you may get some consistency.
  • feirfeir Posts: 339Member Chatterbox
    i don't mind if i get a lower award, i more want access to services that will give me a better quality of life, as it is now i have 0 life and 0 support, but by not having that support it was one of the reasons why i was turned down.

    there's also a chance i can get better myself but i don't appear to be so want to think about having operations instead. thing is, unless i know there is support for me (if anything goes wrong especially as my whole life is going to be like this or worse, but also for afterwards while i recover if all goes well) then i don't think having operations is a good idea.

    think i could do with actual legal help as social care is just failing me.
  • kath2000kath2000 Posts: 1Member Listener
    Hi my son was Diagnosed with Autism when 15years old applied for this new benefits pip went foe assessment and turned him down sent mantrory form and still turned him down now going to Appell try to get help with different advice every thing full booked cant get any help at all unsure how to Appeal not lot time before form as to be in on 26feb
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    @kath2000

    Disability Rights UK site has a good guide to PIP appeals.  And this site on Facebook might be of help:

    esa/dla/pipadvicandsupportukonly
  • RozannRozann Posts: 13Member Whisperer
    I have just found on www.gov.uk a PIP Assessment Guide. Part 2 The Assessment Criteria A DWP guidance document for providers carrying out assessments for PIP. It makes very interesting reading. I was applying for the Higher Rate Moblity but was deemed able to walk 20-50 metres. The citeria to meet this descriptor is a person can walk 30 mtr. per minute.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    The mobility descriptors do not specifically mention time. HCP often use time as a way to confuse the  issue. Normal walking speed is around 90metre pm, very slow walking is half of that.If asked how long you can walk for many are pushed into saying 1-2 minutes which does not sound much but would even at very slow pace would put you out of the enhanced descriptor

    12. Moving around.
    12 a. Can stand and then move more than 200 metres, either aided or unaided. 0 points
    12 b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points
    12 c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points
    12 d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points
    12 e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points
    12 f. Cannot, either aided or unaided, �(i) stand; or (ii) move more than 1 metre. 12 points

    CR
    Be all you can be, make  every day count. Namaste
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    I have heard that DWP think 20m = 30 seconds, though it might take some much longer on a bad day to walk 20m.  It is the distance that is the criterion for points; the length of time is an indicator of how far a person can walk.  Assessors, and tribunals, ask for how long can you walk to try to catch you out.  Always relate time to distance; just giving a time on its own might suggest you can walk farther than  you can.

    Did you apply for a mandatory reconsideration?



  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    All this stuff about time is largely irrelevant. It’s only mentioned in guidance and it’s just that - guidance - they have to take account of it but are not obliged to follow it. UT decisions repeatedly emphasise that there’s often a complete disconnect between what the law says and what the guidance thinks the law says. 

    When it comes to time the only relevant question is about whether any activity - mobility or daily living - takes more than twice as long as it would take a healthy person. That’s it. Nothing more complex than that. The DWP perspective on how long an activity takes is only mentioned in relating to mobility and it’s just that - their perspective and only guidance. There’s lots of evidence as to average walking times and just as much again to suggest that there is no average. There’s just a range and if the length of time you take to walk a distance is more than double some part of that range then bob’s your uncle.
  • RozannRozann Posts: 13Member Whisperer
    Thank you all for helping me understand the nuances of the system. I first had to apply for PIP in March 2017 lost my enhanced rate mobility in June 2017 did a Mandatory Reconsideration with no change went through the process of applying for an appeal and have been told it should be in April 2018. I wasn't asked how long I can walk for or how long it takes me to walk a certain distance.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    At my assessment I was asked for how long can I walk, not how far.  At appeal the doc asked both for how long can I walk and how far, both separately.  Assessors and tribunals don't usually ask how long does it take to walk a certain distance though they should relate one to the other.

    I asked tribunal doc did he mean how long does it take me to walk so far?  I insisted on relating time to distance.  Tribunal awarded me enhanced mobility.
  • RozannRozann Posts: 13Member Whisperer
    Thank you for the help I'm nervous but will all my notes that with me


  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    Matilda said:
    At my assessment I was asked for how long can I walk, not how far.  At appeal the doc asked both for how long can I walk and how far, both separately.  Assessors and tribunals don't usually ask how long does it take to walk a certain distance though they should relate one to the other.

    I asked tribunal doc did he mean how long does it take me to walk so far?  I insisted on relating time to distance.  Tribunal awarded me enhanced mobility.
    As you refer to having had one successful appeal may I ask how you know what assessors and tribunals usually do?

    They’re all different by the way. There’s no set pattern.
  • RozannRozann Posts: 13Member Whisperer
    Thank you Matilda for you advice about distances walked and times. From what friends who have had to go through the process havr told me I agree with your comments.
  • MatildaMatilda Posts: 2,393Member Brian Blessed
    Thank you, @Rozann.  Good luck with your appeal.
  • linlinlinlin Posts: 2Member Listener
    I have just had my PIP tribunal hearing and it wasn't good. Three years ago I had a tribunal with DLA, as I wasn't deemed disabled enough through the forms. At the time I suffered with COPD, asthma, osteoporosis and osteoarthritis, plus a degenerative spine disease, so couldn't walk because of breathing and pain. The judge then awarded me low DLA care allowance and high rate mobility indefinitely, and stated that I could hardly walk and that my symptoms would never improve. Went to PIP tribunal and they totally disregarded the previous comments and just offered me low rate mobility so now am housebound.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Hi linlin and welcome

    Have you asked for a statemente of reason ?

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    As this is a “tips thread” perhaps these last two posts need to moved elsewhere?
  • linlinlinlin Posts: 2Member Listener
    What is a statement of reason, i was too upset to think about anything
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    The statement of reasons is the full decision, as oppposed to the single sheet summary you get on the day. You also need to ask for the record of proceedings, which is the judge’s handwritten notes.
  • RozannRozann Posts: 13Member Whisperer
    Thank you mike Hughes a I have my tribunal soon and that’s very handy to know 
  • linda67linda67 Posts: 9Member Listener
    I suffer with type 1 diabeties nuropsthy in both feet right leg and hands i have arthritis and plantar fibrosis and my doctor has referred me to a rhuemotolgist i suffer depression and seen a counsellor and pain clinic i also have retinopathy in onr eye and am having injections i am 50 years old and feel totally lost i put in for pip but was refused on thevreport i feel a few things for wrong and lied about i adjed for amr but was refused i went to law centre and they are helping me appeal i have my appeal on 12th april 2018 but i feel really bad with my anxiety and dont no if i can go through with it does anyone have any tips to help me get through it.
  • annecrumannecrum Posts: 1Member Listener
    one tip i would like to share to enhance PIP success when going to tribunal- look up cases similar to yours and see what the presiding judge said in his summing up. Best place to look is on disability rights website. You can find out so much stuff on your own situation, and tailor it to your individual needs. eg "the decision maker did not give me any points for using a chair to help me dress, but according to judge x,in case no ....., if a chair is necessary to help the claimant dress safely,than it may be classed as an aid". You get the drift? good luck all!
  • wedgehogwedgehog Posts: 11Member Listener
    I disagree that no one is trying to catch you out or trip you up. I attended an appeal with my wife after she had been refused benefit. They had a spy outside to watch her walk into the building, and despite what everyone says this was like a full blown court room, they sat up on the bench and we were down behind a table on our own and had to look up to them. The room had been created with a long gentle ramp with a hand rail from the entry door so they could get a really good look at you walking in and to your seat.
  • mikehughescqmikehughescq Posts: 2,246Member Brian Blessed
    wedgehog said:
    I disagree that no one is trying to catch you out or trip you up. I attended an appeal with my wife after she had been refused benefit. They had a spy outside to watch her walk into the building, and despite what everyone says this was like a full blown court room, they sat up on the bench and we were down behind a table on our own and had to look up to them. The room had been created with a long gentle ramp with a hand rail from the entry door so they could get a really good look at you walking in and to your seat.
    No tribunal has a “spy”. This is the sort of uninformed stuff which needs knocking on the head immediately. Are you seriously suggesting that someone not on the panel went outside specifically to watch your wife? There could only be one of the three panel members, a DWP presenting officer or a clerk. Only three of those five make the decision. If any panel member did see your wife and wishes to bring into play what they saw there would be an immediate issue as they’d be starting the hearing with more knowledge than the other two and the appeal would have to be postponed so that three members with equal knowledge at the outset could hear it. 

    I’ve not seen anyone suggest tribunals are not held in court rooms. The days of informal hearings in informal settings are largely gone bar a few rural areas. Most courts are multi-purpose nowadays. Tribunals are instructed not to sit on the dais unless they have to, which is either because there’s literally nowhere else for them to sit or because a member of the panel is themselves disabled and the dais provides the only access for them. 

    Don’t suppose it occurred to you that the design of the court room was to simply be accessible for disabled users! 
  • wedgehogwedgehog Posts: 11Member Listener
    edited June 7
    Yes I am stating that. I'm not guessing that someone nearby was spying on her or someone pretending to make a phone call like I have experienced on PIP assessments, This person was obviously employed by the tribunal service and walked out of the building and approached us asking is it was my wife by name.we were 10 minutes early and still had  around fifteen meters to go until we got in the building. Why would a "spy" have to report to just one? if they reported to all three at once then things are equal.
    Possibly the ramp is genuinely just to help the disabled, possibly not as they had a lift as well. I can only report what we see and experience and to date our experiences with everything to do with this benefit application has been lies and deceit on the part of the government offices. Are you calling me a liar?
  • YadnadYadnad Posts: 1,408Member Chatterbox
    edited June 7

    If any panel member did see your wife and wishes to bring into play what they saw there would be an immediate issue as they’d be starting the hearing with more knowledge than the other two and the appeal would have to be postponed so that three members with equal knowledge at the outset could hear it. 
    Hi Mike may I make a comment please. It is certainly not unheard of for a panel member to have accidentally witnessed an appellant in a car park walking towards the entrance and that at the start of the proceedings that panel member makes mention to the other two members what she had seen. The case in question was not adjourned and the claimant was warned that his current award (mobility) was in jeopardy of being removed if he continued with the appeal.
Sign in or join us to comment.