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Advice about telephone appointment

Brian54Brian54 Member Posts: 11 Listener
Hi everyone, I'm in need of some help and advice please, my pip tribunal appeal appointment was cancelled due to Covid-19, but received a letter today saying my appeal will now be carried out via telephone, I was very nervous about the original hearing, but feel even more anxious about the telephone one, has anyone got any help or advice about a telephone tribunal, I have read dwolf94's post which was a great success, I'm worried about how can I succeed in mine. The Atos HP made me feel like I am a liar, taking what i said and then ignoring it, even taking written evidence I had supplied and stating something completely different in their report, the Musculoskeletal examination seems to be a complete work of fantasy. My telephone appointment is on 14th April 2020 any help or advice would be greatly appreciated.
Thanks in advance.
Brian54
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Replies

  • pollyanna1052pollyanna1052 Member Posts: 1,949 Disability Gamechanger
    How awful for you that so many things were twisted or fabricated by the HP in your  assessment.
    I have no personal experience re tribunals, let alone a telephone one.

    I would think it is a good thing, in that you don't have to travel somewhere unknown and get anxious ust about the journey and time keeping.

    Have your claim papers in front of you....state what points you differ on....do not get into what you think about the HP you had.

    Good luck
  • skullcapskullcap Member - under moderation Posts: 182 Courageous
    As the tribunal panel will not be able to see you, you will have to be articulate enough to put over what the issues are.
    If you could sell sand to an Arab then you would be OK
  • Brian54Brian54 Member Posts: 11 Listener
    Hi pollyanna1052 thanks for your reply, hopefully the telephone hearing will be less stressful than a face to face one fingers crossed. I think I've got all of my paperwork ready for the hearing, there's so much of it. I won't get into what I feel about the HP I think that would harm my appeal. My first feeling about the telephone appeal was that it would put me at a disadvantage, the panel won't be able to see how badly I walk, and have to keep moving around in my chair etc. I just hope the tribunal panel will see through the HP report errors, that's the nicest way I can put it.

    Thanks again for your reply, it's just over a week until my hearing so I'll post the outcome as soon as it's over.
  • Brian54Brian54 Member Posts: 11 Listener
    Hi skullcap thanks for the reply, all I need to try and do is to get them to see that the HP's report isn't worth the paper it's printed on it is really bad and made me feel like I was a liar, I think I've got the gift of the gab so hopefully like you said, I will be able to sell sand to an Arab 😁.

    Thanks for your reply and I' let you all know how it goes.


  • OverlyAnxiousOverlyAnxious Member Posts: 430 Pioneering
    edited April 5
    I couldn't even sell ventilators to the government so I've got no chance... :D 

    How close to your original date is your phone appointment out of interest?  My hearing was meant to be April 17th but I've heard nothing else, not even confirmation of it being cancelled yet.
  • skullcapskullcap Member - under moderation Posts: 182 Courageous
    Brian54 said:
    Hi skullcap thanks for the reply, all I need to try and do is to get them to see that the HP's report isn't worth the paper it's printed on it is really bad and made me feel like I was a liar, I think I've got the gift of the gab so hopefully like you said, I will be able to sell sand to an Arab 😁.

    Thanks for your reply and I' let you all know how it goes.
    You must also remember that proving that the HCP report is a piece of fiction will not get you an award. You will have to concentrate on why you are entitled to the points 
  • Brian54Brian54 Member Posts: 11 Listener
    Hi OverlyAnxious, my telephone hearing is exactly the same date and time as my original hearing was supposed to be, I only found out about the original cancellation because the Court and tribunal services sent me a text message telling me about it, about 10 days later I received a letter from them saying it had been changed to a telephone appeal. If you haven't heard anything yet I would ring the clerk of the courts to see if they can give you any information, good luck.
  • Brian54Brian54 Member Posts: 11 Listener
    Hi skullcap, it's too easy to get upset about the HP's as they seem to cause a lot of stress to people, I must try and remember to do what you say and try and prove why I am entitled to the points. I wish I could post the HP report on the forum it is really bad, like I said they took what I said at my assessment and pretty much ignored it, took medical written evidence and wrote something completely different, even when I tried to tell her that I thought my depression was caused by severe mental and physical abuse I suffered as a child, all she did was put her hand up and stated she did not need to know this.
    Sorry for the rant but I still feel really upset by it.

    Thanks for the advice it's appreciated.
  • Adrian_ScopeAdrian_Scope Administrator Posts: 6,420 Scope community team
    No need to apologise @Brian54. It's incredibly frustrating to feel like you've been misrepresented. Hopefully your telephone appointment will be a bit easier but pease let us know how you get on either way and if you need any support in the aftermath, don't hesitate to let us know.
    Senior Community Partner
    Scope
  • Brian54Brian54 Member Posts: 11 Listener
    Hi Adrian_scope thanks for the reply, it was too easy to get blinded by the HP report and not focus on the things that will award me points, skullcap gave me some great advice which totally changed the way I was looking at my appeal, I can't thank him/her enough. Hopefully the appeal will go well either way I will post the outcome here.Thanks for the offer of help I will definitely contact you if I need it.
    Thanks again,
    Brian
  • Adrian_ScopeAdrian_Scope Administrator Posts: 6,420 Scope community team
    I'm really glad you found @skullcap's advice useful @Brian54. :)
    Senior Community Partner
    Scope
  • mikehughescqmikehughescq Member Posts: 4,053 Disability Gamechanger
    1 - as with any such appeal don’t focus on the HCP report. Instead look at the strength of your own case and ensure you have lots of practical examples of what happened when you attempted the various activities. 

    2 - it’s absolutely “lap of the gods” as to which appeals will or will not go ahead at present. It’s entirely dependent upon the ability of clerks to get to venues and start conference calls off; the ability to distribute paperwork and the availability of panel members.

    3 - the hearing will be recorded and you will usually be rung back with a decision the same day. 
  • Brian54Brian54 Member Posts: 11 Listener
    Hi mikehughescq thanks for the reply all I seemed to be doing was focusing on the HP's report, but thanks to the advice i received from skullcap I've done a 360, and I'm now focusing on how my disabilities affect me so hopefully I'll be fine.
    It is in the lap of the gods, when my original hearing was cancelled I thought everything was going to be put on hold, but was surprised when I was granted a telephone hearing, I'll be pleased when it's all over.
    Thanks again for your reply.
    Brian.
  • WonderboyWonderboy Member Posts: 9 Listener
    My husband is having a telephone appeal at the end of April he is awful on phone dont know how he will cope without me to help him 
  • Brian54Brian54 Member Posts: 11 Listener
    Hi Wonderboy, hopefully with your help he will be ok, I've got my hearing this Tuesday, thanks to the advice from skullcap on this forum, all I am going to do is concentrate on how my disability effects my daily life, and take my time and not rush with my answers. It's a scary situation but hopefully we will both come out of it smiling, don't be frightened to disagree with them if you feel they have got something wrong but don't be aggressive. I will be posting the outcome of my hearing when it is over, look out for my post as I will try and put as much information as I can about how the tribunal panel were, and about the questions hopefully if mine goes well it might put your mind at rest.

    I wish you and your husband the best of luck,
    Best wishes,
    Brian.
  • Brian54Brian54 Member Posts: 11 Listener
    Hi Guys, I had my PIP telephone appeal hearing yesterday, I was very nervous but I think i managed it ok, the hearing lasted just over an hour and a quarter that was with a small break, the all female panel were very nice and the majority of the questioning came from the disability expert, she was mainly asking about my mobility issues and problems cooking etc, and about quite a few of the descriptors form the HP's assessment form which included many of the errors that are in it which I corrected, there was a couple of times she was very insistent one was about why I can't cook asking why can't I perch on a stool and cook a two egg omelette, to which I replied that if I sit on any chair with little or no padding it causes me severe pain in my back and legs, also when she asked how often I could drive my car I stated very rarely, to which she replied was is the point in you owning a vehicle, so I told her that my son is now the main driver, at the end of the hearing I was asked if I had anything to add, so all I did was say that I thought the HP's report had serious errors in it and left it at that, I was then told the panel would discuss my case and their decision would be posted to me.
    After the hearing I was full of doom and gloom thinking I hadn't done a very good job of it, but now I have had a day to think about it I feel like I didn't do a bad job, that's why I didn't post yesterday I would have been too negative about it.
    As soon as I get my letter I will share the result with you, although the way the post is at the moment thanks to Covid-19 I might not get the letter until Christmas 😁.

  • WonderboyWonderboy Member Posts: 9 Listener
    Sounds like you did ok I wish you luck and hope you hear soon take care 
  • Brian54Brian54 Member Posts: 11 Listener
    Hi Wonderboy, sorry for the late reply I typed a response to you but must have forgotten to press the post button, I have just received my appeal decision letter and I lost my appeal, I'm going to post the decision on the forum to see if anyone can give me any advice.
    I hope you appeal goes better than mine did.
    Take care.
    Brian.
  • WonderboyWonderboy Member Posts: 9 Listener
    That is such bad news Dont give up my daughter went to the highest appeal and won after being refused again and again so sorry its so stressful take care 
  • mikehughescqmikehughescq Member Posts: 4,053 Disability Gamechanger
    Please don’t post it without anonymising the details.
  • Brian54Brian54 Member Posts: 11 Listener
    Hello again thanks for your reply, I have typed a letter asking for the reasons my appeal was rejected to the Court and tribunal service, i will wait until I receive their reply and take it from there, It is very stressful hopefully I will be able to take it further and succeed, although at the minute I just feel like giving up on it.
    Thanks again for your kind reply,
    Best wishes,
    Brian. 
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