Upcoming Tribunal Hearing

DDN1429

My hearing date has came through last week, for 15th November. My representative has written up and sent their statement and points reccomendation, and sent it to HMCTS. They advised me it will take around 7 days to be processed to their systems. They also advised me to go through the bundle and make notes/points of things I disagree with, which I have been doing.

I had also sent in some medical evidence before the tribunal date, as have had some issues in accessing neurology services (my original Neurologist left, then had a locum one that never showed up to clinic) and then seen recent Locum 6 months ago who wanted an MRI and some other stuff done. I got the MRI report through SAR, but still no word from Neurology now all tests have been done. But the MRI report shows some things that confirms uncontrolled seizures of different variety, as well as likely cause for CP.

Is there any chance that this could get lapsed before the appeal date? As I first started PIP application in October 2022.

Albus_Scope

Hi there @DDN1429 it's great you've finally gotten a tribunal date!
I'd try not to worry too much about having medical reports, as PIP is more about showing how things effect you daily. As long as you're able to describe how each descriptor affects you over 50% of the time, with some real world situations, you'll be fine. The extra reports just back things up a bit more, but I wouldn't see them as must haves.

There's always a slim chance of the tribunal not being able to see you on the day due to outside influences, but they always try to find you another date close by.

DDN1429

https://forum.scope.org.uk/discussion/comment/931823#Comment_931823

Much appreciated @Albus_Scope, it's certainly been long awaited to say the least. I fully appreciate that, unfortunately I think the reports are pretty vital, as the appeal is off the back of a poor telephone assessment that complaint ended up with ICE. Also have provided real life examples of injures caused by seizures (TC and absences). One Decision maker commented that there wasn't enough robust evidence after providing Disabled Student Grant info and said that was just what I told the person assessing me.. Another decision maker commented about one of the activities saying that using things like slicers/dicers and microwaves would make it probable that I can complete these tasks safely with supervision, after I provided evidence contrary to this.

I think my main issue is the whole thing seems to be "he says, she says", and is in reality only based on the person(s) you are dealing with at the time. I'm also worried about at the actual hearing, as one of the medications I am on causes bouts of rage, which DWP, HMCTS and my representative are aware of, but I am worried I will lose my temper at some stage.

Albus_Scope

I can empathise so much, I've been through 3 tribunals now, one of which ran on for two years, so I totally understand the frustration and apprehension. But I will say tribunals are the polar opposite of the original assessments, the tribunal were all very caring, actually listened and asked the right questions. I went from 0 points to enhanced daily and standard mobility, so that shows how much things can change in the tribunal. So just mention the medication at the start and apologise and I'm sure they'll understand. Mine put up with me crying and having panic attacks with no problem. Just take your time, don't rush and all shall be well. 😊

DDN1429

@Albus_Scope I appreciate that, and sorry to hear you have had struggles with the whole process. This will be my second tribunal. I'm currently 1 or 2 points away from enhanced DL, my rep has recommended 17 points across different activities. I'll definitely mention the medication, I've gotten pretty used to mentioning that at start of every phone call nowadays 😂 (not funny I know but have to find the funnies). I'll certainly do my best to keep composed, and again, appreciate your insight.

Albus_Scope

I am all about finding the funnies in any situation. 😁

It sounds like you've got everything in hand. Will you stop by and let us know how you get on please?

DDN1429

Yeah, it can be the best medicine going 😁

I definitely will stop by to let everyone know how it goes, same with ongoing health investigations 💜 and be more active on here in general.

DDN1429

Just to give everyone an update.

My hearing was scheduled for Friday at 2pm. I was just getting ready start making my way there as about 1.5 hour commute, when my representative called to inform me that after she attended her first hearing of the day, the panel asked her back in to discuss my case and said that they didn't need to hear my case? And have said due to both conditions aren't going to get any better, have awarded me enhanced for both elements for 10 years, backdated from 2022. She said she would send me the info via email on Monday latest (had other hearings that day).

I'm so relieved that didn't have to attend in the end, had a nocturnal seizure the night before and wasn't in great headspace for it. Also so relieved to have been given the extended award as previous was 3 years. So all in all, started off with 0 points, same with MR, two lapsed appeal won without having to attend.

Am I correct in thinking that DWP have one month to dispute/counter tribunal decision?

Albus_Scope

Oh that's brilliant news @DDN1429 they did the same with my hearing, but I'd already arrived at the courts, so they told me to my very sweaty face. 😆

Sorry to hear about the seizure, I understand how anxious it can make you, but it's done with now, so please put your feet up and try to rest up. The DWP do indeed have a month to dispute the decision, but that doesn't happen too often. When the backpay arrives (that can take a while though) please make sure you buy yourself a little treat as you definitely deserve one!

Bluebell21

Great news @DDN1429 Well done. Definitely buy yourself when you get your back pay.

Take care.

DDN1429

Thanks @Albus_Scope. Wish in a way I got to hear first hand what was said but that's just my ticking head. Wonder why it's left to so last minute?

Thanks again, they still not controlled, so have them pretty regular. I definitely have been putting my feet up since. Oh, I definitely will, for my partner and stepdaughter also 🙂 just glad I can draw a line under it all finally.