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PIP appeal/tribunal hearing advice

Storm25

I am getting overwhelmed trying to prepare for my PIP tribunal hearing. I do have a charity helping me (who wrote the appeal letter). We were in contact a couple of weeks ago and they said someone will go through the paperwork with me nearer the time. The deadline to get anything further to the tribunal is early next week and I don't have an appointment with the charity yet, so am wondering if anyone has advice, please?

I need to make sure my paperwork is good as it is unlikely I will attend the hearing.

If I respond to everything the assessor/DWP wrote I'm worried it will be far too much/too long. So, I am now trying to list the main areas where I can show that my own evidence contradicts the DWP decision e.g. Capita assessor said I have a shower over bath and use that daily (0 points). My OT report recommends level access shower. I wonder whether I go further and suggest that my OT would not have made that recommendation if my current method and facilities were adequate?

The thing is I'm not sure where to 'stop' i.e. what to focus on and what to leave out?

For example the Capita nurse said that I had said I could not hear her on the video call, so she changed to telephone. I had gone through the Capita process for video and audio checks and reception had confirmed my set up was working and put me through to the waiting area (I work from home so my set up has to be reliable, and I always have my phone as back up if for some reason my laptop fails). Is the reason for the change to telephone important? It's hard to prove what happened as I clicked the Capita website to agree I wouldn't record and Capita said they have no record that I phoned to ask for my assessment to be recorded (so they didn't do it). However, I could ask the tribunal to consider that the assessor would not have been able to link with me online if I hadn't passed the checks?

I don't want the tribunal panel to get caught up in 'irrelevant detail' and lose sight of the main points, but am worried that some of this 'little stuff' could cause me problems?

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Comments

Ollyoyster

hi please don’t worry I was very nervous on the day when I went to my tribunal , be honest , that’s all you can be , it’s no were as bad as you think , just be honest be yourself and the rest will fall into place , don’t worry about all the nitty gritty , they will talk you thru it , I had a folder prepared ,, they look thru all your stuff before you go in , and they just pick bits out , so as I say just be yourself xx

Storm25

Thanks Ollyoyster: I'm glad your tribunal was not as bad as you thought it might be.

Albus_Alumni

Heya @Storm25 as Olly has said, tribunals are so so different to assessments, so please try not to worry too much. As long as the main facts are in there, that's all that really matters. They look at a lot of PIP reassessments, so sometimes less is more. I've had 3 tribunals now and attended each of them, despite me being an absolute wreck, if anything, it was good that the panel got to see how terrified I was of being outside. So it's well worth considering.

Try not to get "lost in the sauce" with proving the assessor was wrong or lied, that doesn't matter now, it's all about showing the tribunal panel why you should get PIP. 😊

Storm25

Thanks Albus. Wow, three tribunals is a lot to cope with, but I am glad you managed to get through them and were successful. I don't think that, even if I could emotionally build myself up to it, I will physically be able to get there (it's at the courthouse in town).

Thanks for the advice. I keep going back trying to condense everything and take out the less relevant 'stuff'. Up till now I've essentially ignored the Capita report and just made a blanket statement that I do not think it accurately represents what I recall of the appointment, nor gives an accurate representation of my abilities on the majority of days, so maybe I should leave it at that!

Albus_Alumni

It's a lot to deal with as it's the unknown, but if you can manage it, it's worth going along to, it gives you a chance to explain things a bit better. Or you could ask if they could do something by phone or video call?

My first tribunal, I went along armed with two folders of additional information, only to be told they'd made a decision before I'd even stepped foot into the courtroom. A lot of the time, they'll already have all the information they need from your original application. But it never hurts to have a bit extra for them, especially if you're not going to be there to talk to them.

Just make sure they have all the key points for each descriptor and you'll do great. 😁

Storm25

Thank you for the encouragement! I have been trying to find out if I can attend over video, but the number at the top of the hearing letter goes to automated messages.

I'm glad you had a decision made without you having to go through the tribunal.

Yes, it is unknown and being worried they will think I lied. I do have some medical evidence (scan results, clinician observations, Care Act assessment (although that wasn't sent to me until 3 months after my Capita assessment), but it doesn't really explain the descriptors e.g. a social worker saying I need help with meal prep wouldn't necessarily mean I can't cook on the majority of days? Maybe I am overthinking it :)

Storm25

Sorry, I have another question. The charity said they will ring me on the morning of the tribunal to explain the process to me. So, I am thinking if I want to send something in advance I need to get this finalised myself this weekend. I'm looking through the paperwork DWP sent me again and am now wondering if I just comment on the 'my decision' section, rather than going through the 'facts' used to make the decision section?

I'm also wondering about work as I know work isn't part of the PIP descriptors, but there seems to be a lot of emphasis on my job as a reason I was reduced from enhanced daily living to 0 points. The Capita assessor wrote I haven't had time off work, and have no adjustments in my workplace. Both are technically true as she asked me specifically whether I had had paid time off work and adjustments within my employer's office building. Do I need to point out that I am on a 0hr contract (100% remote, assistive tech in place, flexible hours, etc), and if I don't pick up work/complete work I don't get paid? It isn't that the 'facts' within my Capita report are wrong, just that it isn't as straight forward as her comment makes things seem.

Storm25

I did explain to the Capita assessor how my employment is, but none of that detail is in her report.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1056736#Comment_1056736

You can work and claim PIP. You can mention your work situation and that you don't get sick pay due to a 0 hour contract. The assessors do use the fact you work to reduce points, but that should not be the case. It is nothing personal, they do it to a lot of PIP claimants!

Storm25

Thank you, @Trevor_PIP . I'll put a brief paragraph to explain about my job. My employment is approved as permitted work for ESA.

Trevor_PIP

https://forum.scope.org.uk/discussion/comment/1056973#Comment_1056973

Good. Try to stay calm, the Tribunal is run professionally with qualified people and is completely different to an assessment!

Storm25

Thank you @Trevor_PIP for the reassurance.

Storm25

Thank you all for your support, my previous award was reinstated!

It was agreed that I could change to attending by telephone (the charity asked on my behalf). I didn't send anything further myself as I was worried about sending something without the charity's approval. However, it was helpful to have prepared things, even though most of it wasn't used.

Overall, the tribunal was very intense. The charity said the law must have changed about some of the descriptors as they would have expected me to be awarded points for some things the tribunal didn't award for.

They asked quite a bit about my job and their letter indicates that my job is in keeping with the restrictions they accepted.

My question: they put an end date of last year. Has anyone else had this happen? I was advised not to submit a new claim whilst waiting for the hearing, so it leaves a big gap of time with no award. The charity said they will try to find out what to do as when the tribunal doctor asked I was clear that my condition/restrictions are ongoing and that more medications had been added within a few months of the tribunal to try to slow down progression and to treat some of the new symptoms that had emerged.

Mijuka

https://forum.scope.org.uk/discussion/comment/1054794#Comment_1054794

that is a very good advice,, i heard it from others too. DO NOT WASTE TIME ON WHAT dwp LIED, OMITTED,.,,,, CONCENTRATE ON THE PROBLEMS YOU HAVE