PIP Tribunal Adjournment notice

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FloridaDino
FloridaDino Community member Posts: 38 Connected

I had my PIP Tribunal last week and it was adjourned by the Judge, on the basis he said I may lose the award I currently had ( I had standard living, was trying for enhanced and standard mobility). I was waiting for the adjournment notice and it came today, and contained some slightly odd things in my opinion.

Firstly, the Tribunal on the day was only the GP and judge, there was no disability advisor, yet all the points that were at risk were on daily living descriptors that are the disability advisor’s area.

the first comment is that they did not feel my medical conditions would lead to the level of impairment claimed (though both the DWP Health Professional and the MR Case Manager felt they did). They accepted I had two medical conditions, both physical and well documented, but felt that they weren’t serious enough to merit my award.

There was a bizarre comment that they felt one of my physical conditions would only affect me for 7 weeks a year, with no context. Nowhere in my medical history, bundle etc is anything like this referenced. Can only be a subjective opinion by the GP.

A further comment was that although they accepted my second condition existed and caused me problems the severity was ‘unclear’ (though my medical docs and prescription records are pretty clear). This would put at risk the points scored with ‘aids’, again surely the disability expert’s area.

Another point was raised about the fact I worked. They seemed to have ignored all the details I submitted about work alterations, reduced hours etc completely, and accepted as fact a comment the HP had made about my job which was incorrect at the time and I had challenged this in my submission.

It genuinely seems they only looked at the DWP evidence, as nothing I supplied seems to have been considered. I’ve sent in endless medical docs, statement from my wife, a diary, prescription evidence, under the care of specialist evidence etc.

I was hoping for a little clarity, but this has only confused me even more! I’m not happy with the way this has gone, but am also reluctant to reinstate my appeal in case a new tribunal just follows the example of this one. 

(They may not of course)

All views welcome 😊

Comments

  • nasturtium
    nasturtium Community member Posts: 373 Empowering
    edited September 2023
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    Hello FloridaDino
    The tribunal did the right thing by adjourning your appeal and to give you a warning that you might lose your award if you continued. My strong advise is to seek proffessional help from your local welfare advice agency before you proceed further because you do not want to possibly lose what you have now. You can find your local welfare advice agency here https://advicelocal.uk/welfare-benefits
    Nasturtium
  • chiarieds
    chiarieds Community member Posts: 16,156 Championing
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    As above, it's good to know that Tribunals will let you know if they feel you are in danger of having your award decreased.
    A Tribunal is purely inquisatorial in trying to work out on the balance of probabilities what your functional problems are. Despite the fact a person with an understanding about disability (not a disability specialist, nor a disability advisor) wasn't present, they will have looked at everything beforehand in an impartial manner.
    Please don't think we don't understand the discrepancies, contradictions, etc., but, as I stress, they will have looked at everything, so proceed with extreme caution.
  • Jimm_Scope
    Jimm_Scope Posts: 3,712 Online Community Specialist
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    I am just glad they adjourned @FloridaDino rather than putting your current award at risk. I echo what has already been said, contact your local welfare advisor. We of course cannot see the evidence (and shouldn't, please don't  post any here), and the way things are worded, or mistyped, can drastically change it's meaning if left up to interpretation. 

    I would gather all your evidence and sit down with an advisor who can go through it all with you with their knowledge and expertise. Did the letter say how much time you had if you wanted to resubmit an appeal?  Normally you have 1 month from a Mandatory Reconsideration decision (however if you go beyond that month you can give a reason and the tribunal will decide if it's acceptable), I'd assume there's at least month before you must resubmit the appeal. I will try to get a firm answer on that for you however.
  • FloridaDino
    FloridaDino Community member Posts: 38 Connected
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    I am just glad they adjourned @FloridaDino rather than putting your current award at risk. I echo what has already been said, contact your local welfare advisor. We of course cannot see the evidence (and shouldn't, please don't  post any here), and the way things are worded, or mistyped, can drastically change it's meaning if left up to interpretation. 

    I would gather all your evidence and sit down with an advisor who can go through it all with you with their knowledge and expertise. Did the letter say how much time you had if you wanted to resubmit an appeal?  Normally you have 1 month from a Mandatory Reconsideration decision (however if you go beyond that month you can give a reason and the tribunal will decide if it's acceptable), I'd assume there's at least month before you must resubmit the appeal. I will try to get a firm answer on that for you however.
    Thanks for the input. I don’t have the notice to hand but I think it was a month I had. I will try and find an advisor, but am inclined, reluctantly, to withdraw my appeal, as I do not wish to jeopardise my current award. 
    One aspect of all this is that the DWP obviously had sight of this notice, so when my award is up for reassessment in early 2025, will this influence their thinking?