Unexpected appeal situation

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TheCatSays

My PIP appeal was adjourned (paper hearing) because the panel felt they needed more information from me. I understand why, the whole thing has changed since my review which was submitted over 2 YEARS AGO.

They indicated they'd like me to attend, so I will.

Question one: I have no friends to take with me for moral support and to stop me talking nonsense/rambling. I have asked my local welfare rights office (who know me) if someone can come in with me (90 minute hearing) and am waiting for a reply.

I don't have much time, the letter was dated 8 days ago so I have 6 days to call the court people and say I'll attend. Any suggestions on who I could ask to go in with me? Citizens Advice flat out said they don't do it. If I white knuckle it and go in alone is that advisable?

Question two: although they have reports/diagnosis reports etc I can see why they want more succinct answers, and I also note the questions are a little differently framed. I asked a disability group for help and they said basically go through all the questions again and answer them specifically and then give the score you think you should get, then send it in before the hearing. Fine, but being ADHD, Autistic with CPTSD thrown in I struggle staying on task and I still don't fully understand how to do this. Seriously, my concentration levels are pathetic and I think I get it, write loads, then realise it's just rubbish. I need to be specific. I need the method to be explained to me differently!!

For example:

If the only way you can do something is to do it badly, unsafely, slowly or only occasionally, the correct descriptor is the one that says you can’t do it. 

Similarly if you can’t do a task as many times as you might need, or if doing it causes you pain, tiredness, breathlessness, nausea, or makes your condition worse, the correct descriptor is the one that says you can’t do it.

I can't get my head around it. I understand but I don't know how to apply this.

I'm just going to end up re-writing my review answers and I want to do it PROPERLY in a way they'll accept and not rip me to pieces on the day.

I've had so much help from this forum, and would appreciate someone who can explain exactly how I'm supposed to deal with each question effectively.

I need the moment of clarity where my brain goes YES I GET IT!! Then I can get it done!

chiarieds

Hi @TheCatSays - please try not to worry (if you can). I think it's a very good & positive thing that your paper-based hearing didn't go ahead, as the success rate of these is abysmally low, whereas the success rate for one 'in person' is about 70%.

Is your new hearing actually in person, or by a telephone or video call, which would also count as 'in person?'

Firstly, remember a tribunal is made up of a Judge, usually a Dr, & someone that has an understanding about disability, & they're all completely separate from the DWP, & there to listen to you, so you can do this.

You're part way there in realising that PIP is not about any diagnoses, rather the difficulties you face looking at certain activities of daily living, & any problems you may have in going out.

You also understand that you need to be able to do these activities 'reliably,' i.e. safely, to the standard that someone without your disability may be able to do, also the activity not taking more than twice as long, & being able to repeat it as often as would normally be expected.

You also realise that any consequences of doing an activity or attempting it such as the fatigue, pain or breathlessness you mention also matter.

On the other hand, you don't need to concentrate on all of the above, so long as you manage to explain exactly how you have any difficulty. This can be sort of imagining the help you'd need to do an activity (even if you don't get that help). This could be that you need to be prompted, supervised to keep you on tract or helped in some way to do any of the relevant activities. Just say it as it is answering any questions at your tribunal - they'll make sure they get the info they need from you.

If you can manage to look through the following link at those activities you struggle with, it might give you an idea of where you do actually need help. Please have a look here: https://www.mentalhealthandmoneyadvice.org/en/welfare-benefits/pip-mental-health-guide/help-with-your-pip-claim/how-to-fill-in-the-pip-form/

Don't worry that it's about filling in a PIP form, I'm just hoping it may give you some ideas as in yes, that's a bit like me, so I can write about that.

Of course, please come back with any questions, but please try not to worry too much about what you write, just think of it as trying to write a few clear notes for yourself for your tribunal day. You don't have to work out where you should get points or why, just tell 'your story' in your words.