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Tribunal advice

Paddy74Paddy74 Posts: 19Member Whisperer
edited August 6 in PIP, DLA and AA
Got a pip tribunal Friday . ItsI for ADHD anxiety . I was only awarded 2 points . Spoke to a charity they aearawa me up to 14 any tips for tribunal welcome 

Replies

  • Chloe_ScopeChloe_Scope Posts: 1,368Member Chatterbox
    Welcome to the community @Paddy74, I hope people in the community can help with this :)
  • TopkittenTopkitten Posts: 886Member Chatterbox
    The main things are to remain calm and stick to the truth. Having a list of your disputed point scores will be the best way and you can use it as a reminder to make sure you cover all the relevant points.

    Good luck and try not to worry.

    TK
    I am here to kick ass and chew bubblegum... and I am all out of bubblegum -- They Live 80 something cult film.
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    Just tell them how it is.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Easier said then done . Hopefully the wife will get anything I miss 
  • Paddy74Paddy74 Posts: 19Member Whisperer
    To have a list to follow and hopefully the wife can pick up what I miss it's all set up to catch people out its just a minefield . Costing the public more to try and prove sick people aren't sick . Wouldn't mind I've worked and paid in all my life 
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    Paddy74 said:
    . Wouldn't mind I've worked and paid in all my life 
    And how does that relate to claiming a sickness or disability based benefit?
  • PinPin Posts: 132Member Talkative
    I’m sure I’ve read elsewhere the person you take without isn’t meant to speak unless they’re a rep, could be wrong?

    are you clear on how your condition affects your life and what you can do in line with the descriptors? Ie cooking, dressing etc? Not hd a tribunal but that seems to be the focus of PIP so will help to have that clear in your mind.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Yep a charity helped me out with this . It just seems such a minefield . I wasn't saying I'm entitled anymore or less . Just felt if I've never asked for help and paid in their should be some sort of review . If I was back at home in Ireland that's the way it works . Don't mean to offend but my filter isn't the greatest 
  • Paddy74Paddy74 Posts: 19Member Whisperer
    They say my wife can speak at the end if she feels I've missed stuff 
  • PinPin Posts: 132Member Talkative
    Pip is not linked to your NI contributions. 
  • Paddy74Paddy74 Posts: 19Member Whisperer
    I know think it should be . Works at home very well 
  • PinPin Posts: 132Member Talkative
    It’s a disability benefit. What about people who have never been able to work because of illness/disability and can’t earn their NI credits? Or young people and children? 


  • Paddy74Paddy74 Posts: 19Member Whisperer
    I fully agree they deserve it hands down within saying . I do believe if you work and need help you should have it in the pot . If that makes sense 
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    edited August 6
    Paddy74 said:
    . Just felt if I've never asked for help and paid in their should be some sort of review . eatest 
    It doesn't work that way. You need not have paid any tax, national insurance, council tax etc to be entitled to PIP or ESA.
    In this country and claiming the right benefits you can have a fairly good lifestyle whether you have worked every hour god sent or never bothered about working at all.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    I know it doesn't work that way but I do feel it's the system in Ireland. I do think everyone has a right and should get . I could work here all my life kick it at 66 nobody sees it bar the government 
  • PinPin Posts: 132Member Talkative
    But Ireland doesn’t have a free at the point of access NHS does it? You can’t have everything....
  • Paddy74Paddy74 Posts: 19Member Whisperer
    This is slightly true if you can afford you pay but if not you don't . Yes we can't have everything but I feel the system here is against us but I'm not in Ireland I'm here so it's put up or shut eh . Anyway gone off point need help getting though this tribunal . So any more tips very welcome . Thanks so far if anything took my mind off it for a bit gonna be a long few days 
  • debbiedo49debbiedo49 Posts: 2,247Member Brian Blessed
    You should find that the tribunal panel is better than what’s come before as they are independent. I prepared the points I wanted to get across in advance but on the day I ended up just answering questions. I missed a few bits but covered most of it. I went with a welfare rights person and they were allowed to speak at the end. They filled in some bits I had missed. It was quite intense but nothing like the assessment from atos as I expected them to lie which they did. Also you may get a decision on the day which is amazing. You don’t need to wait days. Good luck


    I am a fibrowarrior!
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Fingers crossed then ya. Only gave me 2 points . Very confused as an as an assistant from the same company at work gave me a 14 point score and advised me to go for pip 😪
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    Unless your wife is your appointee then she won't be able to speak on your behalf, You will have to answer all the questions. Sometimes at the end they may ask your wife some questions but this doesn't always happen. It's your responsibility to tell them in your own words how your conditions affect you daily.

    A decision may also not be possible on the day, if this is the case then they will write to you within a few days with a decision. Good luck and i hope it goes in your favour.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    She is or will be in the morning thanks for the tip . She's appointed to speak for me . Thanks 😪
  • Chloe_ScopeChloe_Scope Posts: 1,368Member Chatterbox
    Hi @Paddy74, we wish you the very best of luck with your claim!
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Thank you do I need to call and put Nic as my appointed person . Is if they call me ?
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    To become an appointee for someone they must have a reason to do so. This reason is usually because they don't have the capacity to look after their own money and make and receive phone calls for theirself. Becoming an appointee for someone can take weeks, because the person wanting to become someone's appointee needs to ring DWP and ask. They will then send a DWP representative to your home who will then ask you both questions on the reasons for wanting this. You also both have to agree and the appointee then needs to sign the forms. The representative then puts all the information onto the computer and then the process is complete but can also take up to 1 week after the appointment.

    If this hasn't happened and your wife isn't yet your appointee then she won't be able to talk on your behalf at your Tribunal on Friday. If a representative was supporting you then this is different and they would be allowed to speak on your behalf.

  • Paddy74Paddy74 Posts: 19Member Whisperer
    Shall give them a call now as she speaks to them on the phone for me already 
  • N_J_12345N_J_12345 Posts: 9Member Whisperer
    edited August 7

    I've not been through this process however, I have been told that the whole PIP process is design to see if the claimants can do activities safely, repetitively & in a reasonable timeframe so try and elaborate on points and explain that if you cannot do something rather then saying 'No I cant do that' and leaving it up to the assessors or tribunal board to assume why you cant (not sure on the tribunal process) try and elaborate as much as you can and say 'I cant do that as I don't feel safe because...., and doing this activity would take me a lot longer than someone without my condition would be able to do because.... , also this would put me in further danger because....'

    This might sound like I'm telling you something you already know but from what I've seen online, a lot of people don't elaborate and even though they've got genuine illnesses, they are leaving it up to the assessors to assume part/all of their answer because they aren't elaborating or explaining themselves.

  • Paddy74Paddy74 Posts: 19Member Whisperer
    Good tip thank you . I need straight talking . Only way it sinks in 
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    Paddy74 said:
    Shall give them a call now as she speaks to them on the phone for me already 
    And that is NOT classed as being your official appointee.

    In any court of law in England (and that includes a Tribunal hearing) there are strict limitations as to who is allowed or not to speak to the panel.

    Yourself
    Your legally appointed appointee
    Your qualified legal advisor/Welfare Rights Officer
    A witness.

    Anybody else can speak but only when invited to do so by the panel.



  • YadnadYadnad Posts: 2,002Member Brian Blessed

    This might sound like I'm telling you something you already know but from what I've seen online, a lot of people don't elaborate and even though they've got genuine illnesses, they are leaving it up to the assessors to assume part/all of their answer because they aren't elaborating or explaining themselves.

    From an assessors point of view they are there to assess if someone has a genuine claim. I agree it is vital to put over the full case so to speak, but some assessors would prefer it for you not to be given that opportunity.
    All they want is either a YES or NO with little if any elaboration. In fact if you do try to elaborate you will find yourself being asked a new question before you could finish with your explanation.

    Why would the assessors be expected to listen to a highfalutin explanation when they are clock watching so as to get as many assessments done in the shortest period of time. They are paid by quantity not quality! 

  • Paddy74Paddy74 Posts: 19Member Whisperer
    Well just back from the tribunal. Went from 2 points to 7 . 1 point under what can I do now . Give up and start again . Or can I contest the tribunal and how . Feel so let down 
  • tharathara Posts: 49Member Talkative
    Hi there 

    You have to contest the decision. Ask for a mandatory reconsideration immediately do not hesitate to do so. Gather all the required evidence. Also ask your local CAB office for advice and support. 
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    thara said:
    Hi there 

    You have to contest the decision. Ask for a mandatory reconsideration immediately do not hesitate to do so. Gather all the required evidence. Also ask your local CAB office for advice and support. 
    Unfortunately that's not possible here because it was a Tribunal. You can't ask for a MR after a Tribunal.
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    edited August 10
    Paddy74 said:
    Well just back from the tribunal. Went from 2 points to 7 . 1 point under what can I do now . Give up and start again . Or can I contest the tribunal and how . Feel so let down 
    I'm sorry to hear that. Only way to appeal this decision is if an error in law was made. You'll need to ask for the statement of reasons and find someone who knows what to look for in finding that error in law. If not then your only option to to start again and re-apply. If you take this option then i advise you to get help with your claim.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    So you just got to take it and start again . They try and knock the fight out of you 😪
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    If that error in law wasn't made then yes i'm afraid so. You won't know until you ask for the statement of reasons.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Ya best get your new claim filled in properly. By the charities . Such hard work 1 point out . Not gonna let them win probably in a better position now as more meds and help blah blah . Are the records from this claim held for a new one 
  • Paddy74Paddy74 Posts: 19Member Whisperer
    How do I get the tribunal records to get checked ?

  • susan48susan48 Posts: 2,065Member Brian Blessed
    @Paddy74 I think you ask the tribunal office for a recording of the hearing and a statement of reason.

    If I’m not correct I’m sure someone will know.

    Sprry to hear you didn’t get the award you hoped for
  • poppy123456poppy123456 Posts: 3,987Member, Community champion Brian Blessed
    Yes you need to ask the Tribunal for the statement of reasons.

    If you start a new claim then you will need to send all your evidence again, i would definitely get some help with the forms etc if this is what you plan on doing.
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    thara said:
    Hi there 

    You have to contest the decision. Ask for a mandatory reconsideration immediately do not hesitate to do so. Gather all the required evidence. Also ask your local CAB office for advice and support. 
    Paddy has just had a Tribunal hearing and failed to get the minimum number of points for an award.

  • YadnadYadnad Posts: 2,002Member Brian Blessed
    Paddy74 said:
    Well just back from the tribunal. Went from 2 points to 7 . 1 point under what can I do now . Give up and start again . Or can I contest the tribunal and how . Feel so let down 
    I'm sorry to hear that. Only way to appeal this decision is if an error in law was made. You'll need to ask for the statement of reasons and 

    ……….and record of proceedings
  • YadnadYadnad Posts: 2,002Member Brian Blessed
    edited August 10
    Paddy74 said:
    Ya best get your new claim filled in properly. By the charities . Such hard work 1 point out . Not gonna let them win probably in a better position now as more meds and help blah blah . Are the records from this claim held for a new one 
    I would strongly suggest that you do seek help somewhere asking for them to give an opinion on the merits of your entitlement. It is possible that you are not entitled to PIP  
    Yes they are kept by the DWP. Putting in a new claim so soon after failing at a Tribunal will be hard to get past the DWP unless the new claim is so well completed with good evidence.
  • Paddy74Paddy74 Posts: 19Member Whisperer
    Asked for the statement of Reason . Ya the charities gave me 12 points pre tribunal so from 2 to 7 getting somewhere 🇮🇪
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