Received my court date — Scope | Disability forum
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Received my court date

DaleS123
DaleS123 Community member Posts: 17 Connected
Today I received a letter from courts and tribunals service.

It has been a long time waiting for this, I have mixed feelings. I am glad that I will be able to give my case but nervous that I will mess it up.

I know how I need help to do my daily activities, but I worry that because PIP decided I needed NO help, that the courts will side with PIP. 

I have no new evidence for my Autism, as I am still waiting for my official diagnosis. And worry that my Autism will win over me in court and I can't explain myself.

Over the last few months it feels like my ability to function In a nurotypical world has become more difficult and really want to shut down.
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Comments

  • trb10
    trb10 Community member Posts: 60 Connected
    Out of curiousity how long has your appeal taken to get a date?  I submitted mine in April and am still waiting for a date.  Good luck with yours and hope you win!
  • Jimm_Scope
    Jimm_Scope Posts: 2,285 Scope online community team
    Hi @DaleS123, I know a tribunal can be quite nerve-wracking. Citizen's Advice have quite a good advice page on preparing for it here. Just so you know, the tribunals are very neutral and allow you to finally have your say. There is a reason tribunal success rates are over 60%, I don't have the exact data to hand right now but I know the success rate for tribunals has reached near 70% in the past.

    Judges decide based on what is actually in front of them, so just say exactly how things affect you and how much. They aren't just a decision maker from the DWP who has boxes to tick.
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  • unclebob
    unclebob Community member Posts: 104 Courageous
    My pip claim took ages but i did win when it went to court 
  • Ollyoyster
    Ollyoyster Community member Posts: 347 Pioneering
    Hi i had mine yesterday, dont know the outcome yet, but if i win or loose, i can honestly say, the experience is nothing to worry about, as in the people are really nice and i did have a melt down in the middle, but that was me,, but theybwere kind didnt rush me and told me to take y tume, and if any point i wanted a rest break to let them know if i was uncomfortable,,  i am only saying this as i got worried. I just answered the questions honestly and i think they knew i was not lying, Like u,i was worried, but its a case of scared of the unknown... But pls dont worry,, they will be kind to you, regardless of outcome xxxxx
  • Ollyoyster
    Ollyoyster Community member Posts: 347 Pioneering
    I had to wait over. Year for my hearing  date, just saying in case, i actuallu rang yp to make sure they hadnt forgotton about me 🤣
  • DaleS123
    DaleS123 Community member Posts: 17 Connected
    trb10 said:
    Out of curiousity how long has your appeal taken to get a date?  I submitted mine in April and am still waiting for a date.  Good luck with yours and hope you win!
    @trb10
    I am in the midlands, and I attended court in birmingham. (I'm sure it depends where in the country you are)

    My appeal was submitted on the 11 August 2023.
    Received a huge wad of paperwork, everything related to my PIP case DWP had, on the 14th August 2023.

    Then lots of silence until the 11th January 2024 with my appeal date of the 9th Feb 2024.

    11/08/23 - 09/02/24
    182 Days or 6 months is

    My PIP2 Questionnaire was submitted 14/12/22
    513 Days or a year and 5 months
  • DaleS123
    DaleS123 Community member Posts: 17 Connected
    Today was appeal day! 
    Had a long wait as I arrived early due to train times. 

    Court clerk came out and gave me a rundown of what will happen. Let me know that today DWP had chosen to send a representative to all cases. (Aparently they don't send a rep on a regular basis, but if they do it's a whole day and that I shouldn't feel singled out)

    Went in and sat down. Had introduction etc. 

    Judge asked DWP if they would like to say anything, they conceded that I should have been awarded basic rate for daily living! (Win out the gate)

    Next the judge and 2 doctors took it in turns to ask me questions. Judge asked questions like, if I can do this for others why can't I do it for myself and facts, figures, when did this happen etc.
    DR 1 seemed to be against PIP claims lol not that it can be deduced. Just very sturn and what seemed mostly yes no questions.
    DR 2 was more welcoming and asked 'what if' questions and asked me to explain more deeply answers I had given to the judge and Dr 1. Seemed to care about me and situation.
    But could just be how this group chose to do things or their individual zones of interest.

    After 45 mins of Q&A, it was finished and was asked if I wanted to say anything else.
    I hadn't prepped anything as I was really unsure how it would go or what would need to be said. I was really mixed while I was sat there and decided to say why I attended on my own and why I asked for the appeal. That I honestly thought DWP had made a mistake twice. I cried and said that was it.

    Judge closed things saying that PIP had agreed to basic living, so that is the minimum I would get but they would have to talk about whether I deserved more and would let me know by letter ASAP and that it should be with me before Friday of week coming.

    When I left the room I wasn't overly confident about what I would get. But on the train home I started feeling much better as I went over in it again.

    Will let everyone know when the decision arrives 
  • Carlosos
    Carlosos Community member Posts: 34 Connected
    Well done. You already have a win but I hope you get what you deserve overall. 
  • M_305
    M_305 Community member Posts: 6 Listener
    @DaleS123 -- That's the hard part over, fingers crossed you get what you're entitled to. Let us know how you get on.

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