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Tribunal date finally arrived!

24

Comments

  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    @poppy123456

    Thank you so much!  Wish us luck :)
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online community team
    Hi @PIPnewbie, how are you doing? After such a long wait it must feel strange to be so close to the tribunal now?
    I'm glad Poppy has been able to help you and I'm sorry you won't be able to speak on your partner's behalf, but as Poppy said, they should be really understanding with her. 
    Best of luck next week and please let us know how she gets on. 
    Community Manager
    Scope
  • noseyparker80
    noseyparker80 Community member Posts: 14 Listener
    How did the tribunal go and what was the outcome? 
  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger
    How did the tribunal go and what was the outcome? 
    Hi,
    I do believe the Tribunal is next week as indicated in the first comment.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    @Adrian_Scope thank you!  Poppy has been a great help.  Cannot believe the tribunal is finally coming close.  I just fear huge disappointment! ha! But we’ll see

    @poppy123456

    it is indeed next week but we have run into an issue. My partner sent her evidence Monday first class recorded so she expected it to arrive by today which is the 7 day minimum cut off.

    will they take into consideration that it was sent 10 days in advance or do they only count from when it arrives?
  • david235
    david235 Community member Posts: 170 Pioneering
    @PIPnewbie - the risk of submitting evidence close to a hearing is that the panel decides they need to reschedule or adjourn the hearing. The closer to a hearing that additional evidence is received, the more likely adjournment becomes but time before the hearing is not the only factor that determines the likelihood of adjournment.

    The panel prepares in advance of the hearing; they don't open the bundle for the first time just before they call the claimant and those accompanying them into the room. If the panel has insufficient time to get to grips with additional evidence then the hearing is likely to be adjourned. It follows that sending in several lengthy additional reports and supplementary arguments three days before a hearing is perhaps more likely to result in adjournment than handing in a single page report confirming a single point on the day. Even so, you should always attempt to submit evidence in advanced where possible.

    What is done is done now. As your partner's additional evidence should have arrived seven days before the hearing, it will hopefully be in time for the panel members to have given it full consideration before the hearing.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    @david235

    Thanks for the reply

    The evidence she sent in was three single sheet appointment summaries.  One from her pain specialist, one from her gastroenterologist, and I believe another from her GP referring to her mental health.

    They would take anybody a minute each to read.


  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger

    Thanks for the reply

    The evidence she sent in was three single sheet appointment summaries.  One from her pain specialist, one from her gastroenterologist, and I believe another from her GP referring to her mental health.

    They would take anybody a minute each to read.


    If these are future appointment letters they will not be classed as evidence because it doesn't tell them anything about how their conditions affect them.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering

    Thanks for the reply

    The evidence she sent in was three single sheet appointment summaries.  One from her pain specialist, one from her gastroenterologist, and I believe another from her GP referring to her mental health.

    They would take anybody a minute each to read.


    If these are future appointment letters they will not be classed as evidence because it doesn't tell them anything about how their conditions affect them.

    No they are past appointment summaries that show evidence of things that get in the way of descriptor tasks :) 
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    @poppy123456

    Sadly I don’t think this evidence is going to be accepted now.

    She sent it to the actual court where her hearing is, not the main hub in Cardiff.  The court doesn’t even accept mail so her evidence is stuck in limbo.

    Even if she can get it from the sorting office first thing, it’s only 6 days until the tribunal so it’s just too late.

    Shame, as one piece of evidence is her gastroenterologist clarifying in detail the extent of her nocturnal incontinence.
  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger
    Did she previously score points in activity managing toilet needs? If so how many points did she score?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    Did she previously score points in activity managing toilet needs? If so how many points did she score?
    Yes, just 2.

    I believe she should score 8 because she needs assistance because it happens in the middle of the night a lot as the evidence shows, and with her Crohn’s she is far too weak to do it alone in the middle of the night, and that’s without the fibromyalgia to boot.
  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger
    To score 8 points she will need to have assistance to clean herself from both bladder and bowel. She will need to show that she needs this at least 50% of the time over a 12 month period, it's not about the nights. Why does she need assistance and what would happen if she didn't have assistance and this is what you need to show.

    If she can clean herself the majority of the time then 2 points will be correct here.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    To score 8 points she will need to have assistance to clean herself from both bladder and bowel. She will need to show that she needs this at least 50% of the time over a 12 month period, it's not about the nights. Why does she need assistance and what would happen if she didn't have assistance and this is what you need to show.

    If she can clean herself the majority of the time then 2 points will be correct here.
    I’m afraid this seems a difficult one to prove.

    She needs assistance every time it happens. She is distraught, exhausted, and in pain. I mention at night because that’s when she is at her stiffest from fibro and can barely move past a snail pace.

    Other than explaining her family is always around to help I don’t know how it can be proven she can’t do it alone :(

    There are other issues in other descriptors that were unfairly awarded as well and the guy on the Crohn’s
    helpline agreed and said people with serious crohn’s have particular trouble with descriptors.

    She doesn’t drive alone because she is terrified of being alone because of her incontinence, but we know there’s no way she will score anything in mobility other than the 4 points she got for walking around.

    But looking at the daily living, we believe she easily scores past the 12 points, and she’s had her issues since a very young child so we took massive issue with the insulting reward length.
  • noseyparker80
    noseyparker80 Community member Posts: 14 Listener
    My sister can’t reach her bottom because she’s obese and she’s got a back injury 
    she had to wait until her 13 year old daughter is home to wipe her backside.
    i don’t think obesity is recognised as in her repeat and appeal it’s ignored .
    what does she do if she’s not there? Well I’m not degrading either of us 
  • xxjoxx
    xxjoxx Community member Posts: 8 Listener
    Hi have done the appeal tribunal online got a text tozay it will take 3 days to be logged do i just wait now for a date for the court to vome through cheers
  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger
    xxjoxx said:
    Hi have done the appeal tribunal online got a text tozay it will take 3 days to be logged do i just wait now for a date for the court to vome through cheers
    Hi,

    As you've only just requested the appeal then do be aware that waiting times across the country are huge. Some people are waiting at least a year for a hearing date.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    My sister can’t reach her bottom because she’s obese and she’s got a back injury 
    she had to wait until her 13 year old daughter is home to wipe her backside.
    i don’t think obesity is recognised as in her repeat and appeal it’s ignored .
    what does she do if she’s not there? Well I’m not degrading either of us 

    What is repeat and appeal?
  • PIPnewbie
    PIPnewbie Community member Posts: 298 Pioneering
    @poppy123456

    During a tribunal, when they make their decision do they go through each descriptor or just tell you what you got?
  • poppy123456
    poppy123456 Community member Posts: 53,339 Disability Gamechanger
    They don't always make a decision on the day. If this happens and it sometimes does, they will write to her within a couple of days.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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