nav[aria-label="Primary Navigation"] { padding: 0; & ul { list-style: none; width: 100%; display: flex; flex-direction: row; justify-content: start; align-items: start; gap: 30px; padding: 0; & li { margin: 0; } & ul li { list-style: none; } } }

We want to hear from you: please tell us about your experience of the online community.

Tribunal rep

BuzzerButton

It’s my mums app,ideation. Can I be her representative? I’m her daughter. If I can, and I finalise it, and at a later date, I find a charity that will represent her, can it be changed? Many thanks in advance.

Find more posts tagged with

Comments

poppy123456

A rep is usually someone that totally understands the PIP descriptors and what they mean. If you don't then I would say it's better not to take this on. A rep will present her case to the Tribunal and prepare for it.

During the hearing she will still need to speak for herself, whether she has a rep or not.

BuzzerButton

Thanks for your reply. While I don’t totally understand the descriptors as if we’re my paid job, I have completed my mums application entirely. My mum would not have been able to do that, and I am up to date on everything I have written. My mum would not think they way the questions are aimed, or descriptors points etc. While she will be able to answer, I would see the angle the might be taken.

Let’s say I leave it empty/ put my name in, can I change it at a later date if I can get someone to help? Thanks

poppy123456

Filling out the form is something totally different to having understanding of the descriptors. I'd advise you to have a read of this, it may help. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

You can put anyone's name down and change it later if you want to. However, as I advised, your mum will be expected to speak for herself during the hearing because they do like to hear from the claimant in their own words.

BuzzerButton

This is very interesting. I was aware of the grading, there’s lots of tips & examples on sites, but this is far more detailed. I will read through this more tomorrow. Thanks for the link.

poppy123456

Grading? do you mean PIP descriptors? You can see all of those in the link I posted above.

BuzzerButton

I took my name off as rep, but I had seen it mentioned that anyone could be a rep, which is why I didn’t think much of it. After your advice, and others, I’ve removed it. So thank you. I’ve sent it off online without evidence. I have said telephone or video call. I know you say they’re equally as successful as being present, but how do you know? I’ve read it’s best to be there, but my mum just wouldn’t do it. We wrote phone & video to have both options on your advice that a phone call could still be successful, and maybe, we were hoping, it might mean it could happen sooner.
I hope to get representation nearer the date. I asked how much it costs privately and was quoted £150 consult, with representation starting at £1500. Ha! I’ve seen some websites that will represent on a no win no fee, but if you win it’s 50% deducted. I know it’s a job and should cost money, but it is taking money out of a needy persons hand. I am also aware that most people don’t have representation at tribunals. It would be lovely to have someone there on our side.

If I could ask a question, regarding my evidence, if upload, does that mean I cannot send in evidence in post? Is it one or the other?

If I upload, can I scan? Or is I screenshots? I think I’ve read I can send evidence in until the last minute? I’m not particularly great online.

And, in the email sent, it says maybe I might want to wait until dwp reply to my opening of a tribunal , before I send evidence. But if I add more evidence now, might that increase the chance of them making the offer before a tribunal? We have accessed and understood more of my mums medical files. So now I have accessed some of her mris etc, I’m pretty confident that answers some of their misgivings, but it’s taken a little while to become familiar with it. When do they tend to make offers? I know very few do.

As always, thanks for any advice. I panicked before the weekend and flew out questions I’ve asked before. I was under pressure. I also self sabotaged! I deleted my answers! Luckily I had another set in notes, but I had added a little more, so I’m gutted. I just had to let it go, I’m making myself ill over this. I truly have a lot on my plate at the moment.

poppy123456

In person is the same as telephone or video because the claimant is there to tell them in their own words exactly how their conditions affect them. This is exactly what the Tribunal want, to be able to hear from the claimant itself. The majority of Tribunal hearings are still through telephone or video, this didn't change after the pandemic. Waiting times for hearings are no different whether it's face to face, video or phone.

It's paper based hearings that have the lowest success rate.

One thing I really detest is when people charge for helping others with benefit claims. There's advice agencies out there that can help for free. Not only that, the majority of people go through this process without help and certainly most people do not have any representation.

You only have to go through all the threads on here to see how many people are successful with Tribunal, this doesn't mean they had representation.

You can send evidence either digitally or by post. The quickest was is obviously digitally.

Before DWP respond they will review her claim and sometimes (though rarely) they may make an offer at this stage. My advice is not to expect that to happen, then if it doesn't you won't be too disappointed.

As for evidence. Less is very often more. Sending multiple pieces of evidence all saying the same thing isn't helpful. Neither is sending in huge amounts. With MRI's, I've had them in the past too but for me it doesn't tell me anything about how my conditions affect me so ask yourself, is that evidence helpful, does it tell them how she completes the activities such as washing, dressing, undressing, cooking, toilet, budgeting etc etc .. likely not.

BuzzerButton

Thanks again Poppy, for your reply. For instance, our mandatory reconsideration kept saying there was no sign of cognitive impairment. It isn’t actually one of her reasons for applying. One of the negatives of trawling through my mums medical file is that I’ve found an mri that shows there are cognitive issues. Hopefully, I think that’s worth including. For the issues she is suffering from, I have given lots of examples. Fingers crossed.

BuzzerButton

Hi again, Q1.Do I have one chance at sending in evidence.eg- If I upload/post, can I upload/post again next week ? And the week after? I’m not going to flood them, I just am weary of uploading if that seals off my opportunity to send in more if I get it. I also see that they will send us a pack of all info that’s happened so far. Will we get a second bundle of late admission of evidence?
Q2. I could try to ask my mums consultant to write a letter, but we don’t see her again until August. Perhaps I could write a letter to her, however, when we sent off for a tribunal, there were dates eg May-august, and we could choose dates that we weren’t available. Does that mean our tribunal will happen by end of august, or do those goalposts keep moving?

Thanks in advance.

poppy123456

You can send more evidence anytime you want to. No, you will not receive a 2nd bundle. When you send evidence to HMCTS they will also send a copy to DWP.

I think expecting the hearing by the end of August is very optimistic. Based on many other threads it's likely she could be waiting as long as 10 months.

Just a little remember about the evidence, less is very often more please do not send in huge amounts of evidence because it's not helpful, especially if multiple pieces all say the same thing.

Your mum's anecdotal evidence is what you should be concentring on.

BuzzerButton

Thank you Poppy, I have tried to give lots of real life examples. I probably wouldn’t have a lot more to add, but these are all scans of her lungs etc. most of the stuff I think confirms things from gp/hospital. I feel like they really ought to be there.
But I will go through & see whether to exclude anything. I know it’s a very long wait, I am expecting, but I was curious if that might be a clue that they expected to be ready by then.

When they refused the mandatory reconsideration, they said if we wanted to start the process again, we would have to leave 6 months, and then reapply. So it’s a similar timeline. It’s just having the faith that we will get the pip. I will take a bit more time, as I’m planning on writing something from a carers perspective.
Thank you again, you are ever so helpful.

poppy123456

BuzzerButton said:

they said if we wanted to start the process again, we would have to leave 6 months, and then reapply.

No you do not. There's no amount of time you have to wait before reapplying. Though that isn't advised, especially when you've requested the Tribunal. If you do start a new claim, any new decision made would overrule a Tribunal decision.

If the Tribunal then rules in her favour she would only be owed money up until the day before she stated her new claim.

BuzzerButton

An age Uk advisor told us we had two choices. First choice was tribunal which could take 18 months. Second choice is to wait six months and then reapply for pip.

poppy123456

Waiting times are long for hearings but 18 months is a little over exaggerating. Nope, you can be refused and reapply straight away. Although reapplying using the same evidence you previously used could see another refusal and I've seen this happen here many times.

BuzzerButton

Well that’s worth knowing! I thought 18 months was way more than I had seen others say.