Pip tribunal

Tronster

kay14 said:

Thanks I know this am just waiting for CA to get back to me , I saw one of the rule breaking was that the dwp shouldn’t be in the room without me which they was as they had started without me then invited me to the call how do I know what they was saying , am just stuck again wondering what to do for the best I’ve had no income now since March only my partners wage x

Having someone in the room doesn't mean proceedings have started, people get confused with this all the time. Providing they are not discussing the case then they could be in that room without you, it would be classed as "chambers" and not an error in law.

Also if they have started but you was not in due to a technical issue which means you wasn't in there strait away, again providing they inform you of this and what was discussed, then again it's not an error in law so would not count 

kay14

The Clark rang me and told me who was there and she said they have started and will invite you when their ready and they said evidence after 5-4-23 could not be accepted and I sent the evidence February/March as I had op in March no of it makes no sense just asking me irrelevant questions x

Tronster

kay14 said:

The Clark rang me and told me who was there and she said they have started and will invite you when their ready and they said evidence after 5-4-23 could not be accepted and I sent the evidence February/March as I had op in March no of it makes no sense just asking me irrelevant questions x

Again, HUGE difference between starting the hearing and starting proceedings, people can be in the room without you providing they aren't talking about your case. 

Another way to look at it, when you first went in, who was the first person to speak, was it the judge? and what did they say?

kay14

Yes the judge spoke and invited me to the hearing and told me who was already there x

Tronster

kay14 said:

Yes the judge spoke and invited me to the hearing and told me who was already there x

From experience (used to work as a court clerk for HMCTS but in family court) then proceedings haven't started and no error in law has been made for that specific reason

poppy123456

kay14 said:

Yes the judge spoke and invited me to the hearing and told me who was already there x

That's exactly what should have happened. I see no error in law here. You also mentioned your condition got worse in March. Was that before or after the actual assessment took place? It would be helpful if you can find out when your assessment was.

kay14

Yes that’s fair enough, but how do I know what was said before I joined all the panel was brutal with me all they asked me is what I could /couldn’t do before I finished worked and had the op , I had the op in March and evidence could be sent in upto 5-4-23 none of it makes no sense whatsoever with all the evidence from surgeons and doctors, who does actually get awards am lost for words on how this country treats people 😩

poppy123456

The questions would have been related to the time you had your assessment so you would have needed to remember that, i appreciate it's difficult to do this. Preparation is key for a Tribunal. Did CA help you with this process?

Tronster

kay14 said:

Yes that’s fair enough, but how do I know what was said before I joined all the panel was brutal with me all they asked me is what I could /couldn’t do before I finished worked and had the op , I had the op in March and evidence could be sent in upto 5-4-23 none of it makes no sense whatsoever with all the evidence from surgeons and doctors, who does actually get awards am lost for words on how this country treats people 😩

the same way you don't know if the judge is making random phone calls to directors of the DWP before the hearing talking about it. 

Not following the basic laws set by this land are grounds of being removed from the bench as a judge (being fired essentially) so they are trust to remain neutral and not do this, trust me you aren't a reason why they want to lose their job. 

It's just known that judges are impartial and fair and take things based on facts, unfortunately think you need to accept that you aren't eligible for PIP. Maybe look at a reapply if you feel your conditions have worsend

Also I 100% agree with poppy, that CA should not have said that, cause that gives you hope when I don't think this will go that way, but then again seek legal advise and they will tell you if you have a case or not 

kay14

These are the dates I have , yeah she just said tell them your daily routine etc 

kay14

Pip dates x

kay14

@Tronster how can I not qualify I can’t walk due to stage 4 osteoarthritis in both knees and suffer with anxiety and depression I don’t go out because of the pain and panic attacks and sent them all the evidence 🤷‍♂️

poppy123456

The report was returned on 23rd March so your assessment was on or before that date. Any worsening of condition can't be taken into consideration after that date.

kay14 said:

 yeah she just said tell them your daily routine etc 

Is that the only help and advice you received?

kay14

Yeah I’d all ready started it without her , so why can evidence count upto 5th April x

Tronster

kay14 said:

@Tronster how can I not qualify I can’t walk due to stage 4 osteoarthritis in both knees and suffer with anxiety and depression I don’t go out because of the pain and panic attacks and sent them all the evidence 🤷‍♂️

Unfortunately,
1 medical assessor, 1 judge and 2 medical experts all agree you aren't eligible based on how you've described it to them and based on your evidence.

I don't know what you told them so I cant comment but it's clearly not enough to be eligible unfortunately 

poppy123456

You can send extra evidence at anytime providing it refers to how your conditions were up until the date of your assessment. You mentioned your condition getting worse so if you told them this then it may have gone against you.

kay14 said:

Yeah I’d all ready started it without her

It wouldn't have mattered to be honest because you were likely waiting quite a few months for the hearing date anyway so she could have given you more help after you requested the Tribunal. If it was me then i'd be looking else where for expert advice.

Have a look at this link to see if there's any other advice agencies like Welfare Rights or a law centre near you. https://advicelocal.uk/welfare-benefits

kay14

They was only 2 there and the judge they didn’t ask me about half of the stuff I wrote , never mind the country is **** the amount of people who claim with no evidence is unreal and get awarded and you see them living there best life on holidays and what not , while am genuine stinks 
regards kay x

Tronster

kay14 said:

Yes the judge spoke and invited me to the hearing and told me who was already there x

From experience (used to work as a court clerk for HMCTS but in family court) then proceedings haven't started and no error in law has been made for that specific reason

poppy123456

kay14 said:

They was only 2 there and the judge they didn’t ask me about half of the stuff I wrote , never mind the country is **** the amount of people who claim with no evidence is unreal and get awarded and you see them living there best life on holidays and what not , while am genuine stinks 
regards kay x

I know you're upset and angry but please don't compare yourself to other people. Very few people claim PIP fraudulently. You don't need any extra evidence for a successful PIP award and yes it's possible to claim it without any medical evidence.

There's lots of people who have invisible conditions but this doesn't mean they don't have any health conditions that affect their daily life. Claiming PIP doesn't mean you have to stop doing everyday things and yes this means going on holiday too. You don't need to be spending all your life in bed to be entitled.

I claim PIP myself and have done for 10 years but i still go out with my daughters, i still look after my grandchildren and yes i still go on holiday but doing all those things doesn't mean i'm not entitled.

It won't be possible to tell you whether you could score enough of points needed for an award because i don't know anything about your health conditions or how they affect you. It's not awarded based on any diagnosis. Unfortunately, there are people that have health conditions who aren't entitled to PIP because if you don't meet the descriptors, you won't score enough of points needed for an award. ('m not saying this applies to you)

kay14

I know what your saying but if I can’t work and do every day activities surly that counts it’s suppose to be personal why judge everyone same x