Tribuneral

Jon7777777

When a claim goes to tribuneral does the court have all the information evidence you supplied to the dwp, or do u have to submit it again, I think i understand u can add additional evidence is this correct.

If a person scored 3 points can the tribuneral disagree with the dwp and remove them, and can they do the opposite add points add  for descriptors you thought you would not get, for example if a person stated they could dress their upper body and received no points could the courts based on evidence decide they could and award points, so in theory are the courts actually looking at what you say oelr are they evaluating the whole thing as if they were accessing it so if a mistake was made by a claimant they would correct that mistake thank u 

Jon7777777

Jon7777777 said:

When a claim goes to tribuneral does the court have all the information evidence you supplied to the dwp, or do u have to submit it again, I think i understand u can add additional evidence is this correct.

If a person scored 3 points can the tribuneral disagree with the dwp and remove them, and can they do the opposite add points add  for descriptors you thought you would not get, for example if a person stated they could dress their upper body and received no points could the courts based on evidence decide they could and award points, so in theory are the courts actually looking at what you say oelr are they evaluating the whole thing as if they were accessing it so if a mistake was made by a claimant they would correct that mistake thank u 

Could not, the reason I ask is I am a person that does not like arguing, confrontation and trying to prove people are wrong or did not listen etc hence I have  only disagreed with 1 decision which will get the 8 points I require, but I am going to explain in my submission the reason why, and also to prove everything I said on my interview has not been stated on my decision letter, I feel the dwp have been cherry picking at information to benefit themselves which is wrong 

poppy123456

It’s important to understand that it’s not a court and you’re not on trial. It’s a Tribunal so a lot different to a court. If you appear in person some hearings are held in a court building but it’s not a court.

At Tribunal stage they can add or remove points. They will look at your whole claim. 

For those that already have an award in payment if they’re considering removing points that could affect their award they will warn them before doing so. 

As there’s no award in place for you then they don’t need to warn you. You will infact be starting the hearing with zero points. 

You do not need to send anything you’ve already sent because DWP will send them everything. You will then receive a copy of everything in what’s known as the “bundle.” When you receive it you will need to go through it to check everything is there. You will need this with you during your hearing.

You do not need to prove anything that you said in the assessment if it wasn’t written in the report because they won’t be interested in any of that. They are aware that a lot of reports are flawed. Concentrating wholly on the report will not get you a PIP award. Focus on where and why you think you should have scored those points. 

It’s also never too late to get some expert advice and even representation. For this I’d advise looking at either Welfare Rights or a law centre near you. This will help https://advicelocal.uk/welfare-benefits

Jon7777777

poppy123456 said:

It’s important to understand that it’s not a court and you’re not on trial. It’s a Tribunal so a lot different to a court. If you appear in person some hearings are held in a court building but it’s not a court.

At Tribunal stage they can add or remove points. They will look at your whole claim. 

For those that already have an award in payment if they’re considering removing points that could affect their award they will warn them before doing so. 

As there’s no award in place for you then they don’t need to warn you. You will infact be starting the hearing with zero points. 

You do not need to send anything you’ve already sent because DWP will send them everything. You will then receive a copy of everything in what’s known as the “bundle.” When you receive it you will need to go through it to check everything is there. You will need this with you during your hearing.

You do not need to prove anything that you said in the assessment if it wasn’t written in the report because they won’t be interested in any of that. They are aware that a lot of reports are flawed. Concentrating wholly on the report will not get you a PIP award. Focus on where and why you think you should have scored those points. 

It’s also never too late to get some expert advice and even representation. For this I’d advise looking at either Welfare Rights or a law centre near you. This will help https://advicelocal.uk/welfare-benefits

Thank u poppy, is the telephone assesment recored 

Jon7777777

Jon7777777 said:

poppy123456 said:

It’s important to understand that it’s not a court and you’re not on trial. It’s a Tribunal so a lot different to a court. If you appear in person some hearings are held in a court building but it’s not a court.

At Tribunal stage they can add or remove points. They will look at your whole claim. 

For those that already have an award in payment if they’re considering removing points that could affect their award they will warn them before doing so. 

As there’s no award in place for you then they don’t need to warn you. You will infact be starting the hearing with zero points. 

You do not need to send anything you’ve already sent because DWP will send them everything. You will then receive a copy of everything in what’s known as the “bundle.” When you receive it you will need to go through it to check everything is there. You will need this with you during your hearing.

You do not need to prove anything that you said in the assessment if it wasn’t written in the report because they won’t be interested in any of that. They are aware that a lot of reports are flawed. Concentrating wholly on the report will not get you a PIP award. Focus on where and why you think you should have scored those points. 

It’s also never too late to get some expert advice and even representation. For this I’d advise looking at either Welfare Rights or a law centre near you. This will help https://advicelocal.uk/welfare-benefits

Thank u poppy, is the phone call assessment recorded as they have stated on the decision letter things I did not say 

Jon7777777

Sorry poppy for all these questions, but once a date is made for appeal,can the dwp change their mind based on when they see your submission for example if they think they will loose it will be cancelled thank you 

poppy123456

DWP can make an offer of an award at anytime but it’s rare for them to do this so please don’t expect it to happen. 

If it does and you accept the award your appeal will lapse. If you’re still not happy once the award is in payment you can request another Tribunal. 

Your appeal won’t be cancelled. It has nothing to do with DWP now because it’s in the hands of HMCTS. 

If DWP haven’t yet responded when they do they will of course oppose the appeal because they don’t think you’re entitled. It’s perfectly normal for this to happen but it doesn’t mean your appeal will be cancelled. 

Jon7777777

Thank u poppy I understand, is the phone call interview recorded 

poppy123456

No, unless you live in Scotland. It will be the Judges hand written notes known as Record of Proceedings (ROP) and statement Of Reasons (SOR) but you shouldn’t request either of those unless you’re looking for an error of law. 

If it’s a telephone hearing the ROP will be sent as an audio CD. 

Jon7777777

OK thank u poppy, so it's my word against them

poppy123456

It’s your responsibility to prove you qualify. Please also remember that the Tribunal is independent and impartial to DWP. They are there to listen to you and they will apply the law correctly. 

Jon7777777

Aww yes I understand that point but to say one thing then  another person to say another it's hard to prove with evidence,it all goes back I suppose to the original form, sometimes I can't fasten small buttons but when  I can it's difficult, takes longer than a normal person and could never keep repeating it but all ignored, I call it cherry picking 

poppy123456

I noticed from a previous thread that you’re at MR stage and not Tribunal. 

When you filled out the form or requested the MR did you give a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you? 

I see you are focusing on 1 descriptor only. I don’t understand the reason for this because if it’s possible to score more points and you can score at least 12 points then this would be Enhanced award. In my opinion you should focus on all of the descriptors you think apply to you. 

Daily living and mobility points are added separately. 

Jon7777777

poppy123456 said:

I noticed from a previous thread that you’re at MR stage and not Tribunal. 

When you filled out the form or requested the MR did you give a couple of real world incidents of exactly what happened the last time you attempted each descriptor that applies to you? 

I see you are focusing on 1 descriptor only. I don’t understand the reason for this because if it’s possible to score more points and you can score at least 12 points then this would be Enhanced award. In my opinion you should focus on all of the descriptors you think apply to you. 

Daily living and mobility points are added separately. 

No for mr I stated I disagreed with the reasons stated in the decision letter as everything was inconsistent to what I said at interveiw, am jyst preparing incase it's not changed, I know I should prob get 12 points and being completely truthfull but feel I don't want to push it to a stage it mite look like I am exaggerating, I understand I would receive more benefit but to me I just want to be recognised that I do struggle with my health conditions, plus the more I say the complicated it gets and not used to it, plus I don't like disputes and when u go to a tribuneral you are virtually say the other party is pieing, not being truthfull etc, it's like confrontation, that's why I am going to say in my submission the reason why I am not saying loads of things are not correct as with what u say u go in with no points I could come out with more than 8, I worry when u claim benefits as I always feel by people I am not being truthfull strange feeling, the interigation process 

poppy123456

It’s not a court though and you’re not on trial. What you need to do is forget about what the decision letter says or the assessment report, if you have it and concentrate on where and why you think you should have scored those points. 

it’s not about them thinking you’re exaggerating. As I advised a Tribunal is completely impartial to DWP. They are there to listen to you.

Anyway, once you have the MR decision if you need more advice you can come back and ask. Someone will be able to help you further, one step at a time. 

chiarieds

With a tribunal for PIP, all they have to determine is 'on the balance of probability' do you have the difficulties you state. They will ask questions, so it's just 'inquisatorial' in asking you more to determine this, but they are in no way judgemental, nor confrontational.

I think everyone wants to feel believed about the struggles they face most days, but don't let that stop you from describing all the relevant difficulties you have should you need to appeal to a tribunal. As poppy says they'd be listening to you; that's what they're there for.

Jon7777777

poppy123456 said:

It’s not a court though and you’re not on trial. What you need to do is forget about what the decision letter says or the assessment report, if you have it and concentrate on where and why you think you should have scored those points. 

it’s not about them thinking you’re exaggerating. As I advised a Tribunal is completely impartial to DWP. They are there to listen to you.

Anyway, once you have the MR decision if you need more advice you can come back and ask. Someone will be able to help you further, one step at a time. 

OK thank u poppy see what they say, is it too late to tell the tribuneral were I think of scored points even if I have told the dwp on Mr I agreed no points 

poppy123456

You’re not at Tribunal stage at the moment. If you do get to that stage then yes it’s fine to do that. 

What ever happens you shouldn’t just put everything into the one descriptor. If you reach that stage you may as well put all the effort into it. 

Jon7777777

poppy123456 said:

You’re not at Tribunal stage at the moment. If you do get to that stage then yes it’s fine to do that. 

What ever happens you shouldn’t just put everything into the one descriptor. If you reach that stage you may as well put all the effort into it. 

Aww ok thank u poppy, yes I will  u have changed my mind I will if it goes there see what happens 

Jon7777777

Jon7777777 said:

poppy123456 said:

You’re not at Tribunal stage at the moment. If you do get to that stage then yes it’s fine to do that. 

What ever happens you shouldn’t just put everything into the one descriptor. If you reach that stage you may as well put all the effort into it. 

Aww ok thank u poppy, yes I will  u have changed my mind I will if it goes there see what happens 

Good afternoon poppy just so I am ready I have printed off the form for tribuneral, it says u need to enclose Mr letter but do the tribuneral get my original application, as I am still worried that the Mr will only state I did not agree with 1 thing not 5, I know I am a bit mixed up but, the way I think is if I tell them everything the first time it's pointless doing it again on Mr that's why I skipped the other things I know you have already said the tribuneral looks at the whole thing again and it does not matter what I agreed with or not just feel it will go against me thank u

honestjon

poppy123456 said:

It’s not a court though and you’re not on trial. What you need to do is forget about what the decision letter says or the assessment report, if you have it and concentrate on where and why you think you should have scored those points. 

it’s not about them thinking you’re exaggerating. As I advised a Tribunal is completely impartial to DWP. They are there to listen to you.

Anyway, once you have the MR decision if you need more advice you can come back and ask. Someone will be able to help you further, one step at a time. 

Jon7777777 said:

OK thank u poppy, so it's my word against them

I am not an expert but I can reassure you that the tribunal will be fair.
The tribunal will not be fooled by any lies no matter if it's the claimant or the dwp being untruthful.
If you are a genuine claimant the tribunal will be able to tell and will reach the fair decision.
The tribunal are well aware that sometimes the dwp or the claimants exaggerate.
I think it's fair to say that the tribunal usually gets the right and fair decision