Advice on whether to go to Tribunal for PIP Please

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Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 63,736 Championing

    You're welcome. You don't pay for advice because advice agencies will advise you for free.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor
  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    |Hello everyone, can anyone shed some light on my questions please.

    I Would really appreciate any help I can get thank you so much.

     I have been trying to go over the online form for tribunal as I thought I might be able to get it in by tomorrow evening and have started it but I am truthfully very overwhelmed by seeing how much I have to write about the assessor and then all the descriptors they didn't give me points for and why I don't agree with the zero points the assessor gave me. ( Its a lot 😣 )

    I do have a few questions if you wouldn't mind answering them for me, please

    1, If I send this in after their one-month deadline date can the DWP still make me an offer and do they still have 28 days to respond to the courts? (or do the rules change from that if one is late of their one-month deadline date on their notice letter

    2. Am I supposed to send in the evidence and 10-page letter I wrote for my MR or do the DWP give the court my MR letter and other evidence I sent in with the MR letter I wrote. I am struggling to find answers to this.

    3. I only have a friend to represent me on this who is my neighbor who has been helping me with so much, so I put his name in the box for representation person. It says somewhere online that he needs to register with the court is this correct Poppy? even though I have already given all his details, address, phone number, and email address

    4. And how would I request a video call for my tribuneral as 1. I can't travel or walk more than a few meters and 2. I have incontinence which is very embarrassing for me when I am out of the house. I saw that it said they would decide what type of hearing I would be having and would let me know which one it is.

    Warm Regards as always

    Jay-Jay x x

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Hi Poppy I did my appeal for tribunal today and it was a lot easier than I thought thank goodness.

    I waited for over 3 hours on the phone today to get advice help in my area with is very rural and no one answered the phone just cut out after an hour for each call so I gave up and went ahead and completed the online form and sent it off, I didn't send any evidence and requested a video hearing and didn't put anyone down as a representative or an advisor, I really just did my best but truthfully I have very little mental or physical strength at the moment so hope it all works out for the best for me, I'm just too tired to fight anymore. I wrote what I thought was best of why I disagree and will pray now that either the DWP gives me what I truly deserve and if not that the tribunal court hearing will do what's right for me.

    I just wanted to say thank you again for all your help and ask one last question, as if I do not have to do this I won't as I am just too tired of all of this, but in my MR notice letter the decision maker wrote that if I had a problem with the assessor I must take it up with them, I think my question is do I need to do this as also when I called the DWP the other day the guy I spoke to on the phone said to me I need to make a complaint to the IAS and I can find their details on my assessment report. Poppy, is it really necessary for me to do this or should I leave it?

    I'm really not sure if it is part of the process of appealing to tribunal or getting the DWP to change their mind and to award me what I am supposed to get. and if they are waiting to see if I make the complaint about the assessor.

    Thank you

    Warm Regards

    Jay-Jay x x

  • poppy123456
    poppy123456 Online Community Member Posts: 63,736 Championing

    You're welcome. Glad you finally went ahead and requested it. Many people go through the Tribunal process without representation so you'll be just fine.

    You can put a complaint into the assessors if you want to, that's entirely your decision. Of course you don't have to do that.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Thank you Poppy yes I am glad I did it too, feeling some relief from all the mental anguish I've been through in this long drawn-out process.

    I truly don't know what I would have done without you and know I would not even still be around if it wasn't for you.

    I need you to know that you have really saved my life, and will always be indebted to you for that. You are truly what is called a true friend to those who are in trouble and in need for good safe advice on these processes and I thank God that I found you on this site because I have felt so intimidated by the people dealing with my claim, even up until my last question of why on earth are they so adamant for me to contact and complain about the Assessor in their MR decision letter to the guy on the phone when I called the DWP the other day and have already told them in my MR letter, anyhow if you say it's not needed to get them to change there mind and make me a better award which is what I deserve then I will take your good clean and valuable advice and not worry about it anymore.

    I really hope others are as appreciative like myself of you for all the help that you give people.

    I think you are amazing and want to acknowledge you for that and all you do.

    Lots of love, thanks, and warm wishes

    Jay-Jay x x

  • poppy123456
    poppy123456 Online Community Member Posts: 63,736 Championing

    Aww how sweet, thank you very much for such lovely kind words. You made me smile tonight.

    I've helped people all my life and with grown up children and grandchildren I don't see any reason to stop helping now. It's something I like doing, especially when I see people receiving what they are entitled to from the advice I give.

    You don't need to make a complaint for DWP to offer an award before the hearing takes place. They can do that without a complaint.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Hi Poppy it makes me happy I was able to make you smile after all the advice you have given me.

    I like you, have spent a whole lifetime of helping others in so many ways, as when I did it used to make me feel so high and happy that I had done so, but for once in my life this was something I knew absolutely nothing about and with being so ill could hardly focus on it let along understand it and that is why you helped me so much because I was giving up due to the pain and mental anguish I was going through and all on my own I might add.

    I really think Scope, You, and the team are so wonderful, and feel so blessed to have found you all.

    Thank you x

    Lots of Love and warm wishes

    Jay-Jay x x x

  • WhatThe
    WhatThe Online Community Member, Scope Member Posts: 3,256 Championing
    edited August 2024

    Jay-Jay, I'm so pleased you bit the bullet and lodged your appeal!!

    Be in no doubt that DWP knows the anguish they are putting us through. It's a test of our resolve and they know that many claimants can't/won't challenge them. This was all you needed to do and you did it 💪

    The MR was designed to be an obstacle to the appeals process. They used to 'look again at their decision' within a fortnight then you'd appeal. HMCTS will send you your whole file on this benefit claim now that your appeal is in.

    it said I needed to write what I object to in the MR notice and I must list the reasons why I object to the new decision maker's decision and give my reasons why and examples of why, - this is outrageous! Who wouldn't be confused? I am.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Hi What The, thank you, yes I'm starting to realize what you say is true.

    I am a person of goodwill and wear my heart on my sleeve and live by the motto, (Dont do to others that you wouldn't want done to you) so I never really expect people to be so cruel and make out that I'm not telling the truth and especially to people with disabilities like myself, I find it horrific and very cruel, but also I can see the other side of the coin when people try to rig the system, they are the ones that have created this terrible scenario for genuinely ill and disabled people. I'm not sure how these chancers do it with having to send in medical evidence but I believe some do rig the system, which is absolutely shameful.

    I have to admit I am exhausted from this whole thing and struggled today with a lot of pain in my spine where the tumor is and then I realized it was actually because I was finally releasing the built-up tension in my body from the last 12 months of fighting.

    Thank you for your message and explaining things.

    Warm Regards

    Jay-Jay🙂

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Dear Poppy I have a question that is eating away at me and wanted just to confirm something with you if you don't mind.

    I did check around the internet for answers before I bothered you.

    What actually is bothering me is the last paragraph of the MR decision-makers words to me that actually say and I quote

    ( You said in your MR letter that multiple statements were incorrect. If you wish to take this matter further you would need to contact IAS healthcare, the address and contact details are on the letter they sent you informing you of the assessment. If your condition has gotten worse after the decision was made you would need to submit a new claim. We have considered your needs on the majority of days.)

    That was all the wording, word for word and then she wrote her name.

    So my question is after reading some threads on the internet, they say that the tribunal can ask why didn't you do what the decision maker told you to do. Poppy should I have done it and will it affect my case because I haven't done it after I've been told to do it?

    Sorry, but I have my knickers in a knot about this and am wondering if I should still do it because I was told to in writing.

    Do you think it makes any difference? or is this just more tactics to stop me from fighting my case.

    Thank you

    Warm Regards

    Jay-Jay x

  • poppy123456
    poppy123456 Online Community Member Posts: 63,736 Championing

    Where exactly are you reading this from? I've never heard of such a thing. As I advised previously, not putting in a complaint with the assessor will have no affect on any Tribunal outcome.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Hi Poppy thank you for responding

    This is what the decision maker wrote to me if I want to take it further.

    ( You said in your MR letter that multiple statements were incorrect. If you wish to take this matter further you would need to contact IAS healthcare, the address and contact details are on the letter they sent you informing you of the assessment. If your condition has gotten worse after the decision was made you would need to submit a new claim. We have considered your needs on the majority of days.)

    That was all the wording, word for word and then she wrote her name.

    And where I got the info from about the judge asking a person why he didn't do what the decision maker told him to do and complain to the IAS, was from a site called Benefits and Work that put out a lot of data regarding PIP

    Poppy I know you told me I do not need to but it was the wording the decision maker wrote and the words she used by saying, ( If you wish to take this matter further you would need to contact IAS )

    Sorry if I am being a nuisance but it just worried me because of the wording she used and I got my knickers in a knot when I read that on that site (Benefits and Work) and just wanted to double-check with you. Hope it's ok to check with you if something is bothering me. x x

    Warm Regards

    Jay-Jay x x

  • poppy123456
    poppy123456 Online Community Member Posts: 63,736 Championing

    It's correct then if you want to make a complaint it would be to IAS. You do not have to make a complaint and it won't go against you if you don't. Whatever you've read on benefits and work you've either misunderstood it or it's not correct.

    Not sure why it would go against you anyway because when you're at Tribunal stage anyway.

    Please try to relax, you're making this more complicated than what it is.

  • JayJayJuliette
    JayJayJuliette Online Community Member Posts: 110 Contributor

    Thank you Poppy, I can safely say my knickers are no longer in a knot.

    I totally understood what I read and it must of been incorrect then.

    Many thanks for responding

    Warm Regards

    Jay-Jay x