Hi friends my PIP claim has gone to a tribunal is there anything I can do to assist its success?

John786

So there was a UK residency problem, and Ive rectified it with UC and they gave me a residency letter, however PIP has been sent to a tribunal before I even got my residency confirmation letter.

So am I now guaranteed a win at the tribunal because one I have official residency and a letter to prove it, confirmed by the DWP and 2 it was something completely out of my control in the first place with regards to a residency issue ie not my choice.

I have plenty of evidence to support my disability case high blood pressure readings visits to various hospitals inside and outside the country meds and so forth, endless CBT etc over the long term. (I havnt given them yet because I dont need to)

But the only thing being contested is my my residency which I officially have according the the DWP so will I just automatically win at the tribunal ?

Thanks and kind regards everyone!

John786

So as it was being reconsidered and then sent to a tribunal I didnt have this residency letter from the DWP now I do

luvpink

@John786

Hi

Unfortunately it doesn't mean that you are guaranteed to win.

You will have to present your case at the tribunal and see what the outcome is.

Trevor_PIP

@John786 I agree with Luvpink. You must have been refused PIP and completed a Mandatory Reconsideration to be at tribunal level. You will need to present your case for PIP regarding your disabilities.

John786

https://forum.scope.org.uk/discussion/comment/1074258#Comment_1074258

How can the DWP give me residency then say im not a resident?

John786

Thanks

https://forum.scope.org.uk/discussion/comment/1074336#Comment_1074336

How can the DWP give me residency then say im not a resident?

Thanks guys I mean this respectfully.

John786

So I got the mandatory confirmation letter from UC and PIP are yet to find out it seems, in the mean time PIP is going to a tribunal over residency {and only residency} but I already now have residency, my question is what happens at the PIP tribunal, keep in mind ive sent PIP the residency letter now from UC but I havnt heard back from them yet because its only been a few days. But Im here seeking advice because I want to do the best I can to succeed at the tribunal and id love to have more of your excellent advice. Thanks very much!

John786

Id like you to help me succeed at the tribunal because it was something out of my control I did not choose for myself I could not choose for myself, im a victim of crime, ive suffered immensely, I also have a residency confirmation from DWP, and the residency policy seems to be very unusual ie there was no problem at the airport on entry back into the UK where ive lived all my life

ricky1040

@John786 I have no idea of your disability levels. But it's very presumptive to think you will definitely win. Present evidence and examples of how your condition/s effect you in your daily life. But you'll have to score in the criteria for pip and that's not a given by any means.

ricky1040

Have you went through the pip descriptors and honestly tried to score yourself. There are websites that do this.

ricky1040

Wanna also add that I'm sorry if you've suffered. I'd never want that for anyone. My messages purely are about the pip.

John786

So my conditions were never in doubt and never the problem so I dont have to give evidence for them at the tribunal or so I think, I appreciate that is against all tribunal advice on google which is why I mentioned it here too , but a senior decision maker at PIP said the only issue was the residency so I hope I am making the right presumption here

John786

So again DWP has given me residency can PIP also deny me the same type of benefit related residency at the same time?

luvpink

https://forum.scope.org.uk/discussion/comment/1074378#Comment_1074378

Yes they can deny you if they decide you don't qualify and thats why you have the opportunity to dispute their findings at a tribunal.

This is not just about residency but whether or not you meet the qualifying criteria and clearly they don't think you do.

John786

https://forum.scope.org.uk/discussion/comment/1074354#Comment_1074354

yea I in no way want to be presumptive or anything close to it, im suffering very much and I have no ego just desperation suffering and the cold isnt what I want either, cheers everyone

Kimi87

How far did your claim progress before it was rejected due to the residency issue?

So the stages are calling to make a claim, receiving a form to fill in, returning the form, having an assessment.

ricky1040

@John786 well I am sorry I am not trying to judge I really hope it goes well as I know how stressful the process is.

MW123

@John786

The tribunal isn’t just asking whether you have residency now. What they are really looking at is whether the DWP were right to refuse your PIP claim at the time they made the decision.

If you didn’t have documents to prove residency when you applied, the DWP might argue they had no choice but to turn you down. However, if your new letter confirms that you did meet the residency rules back then, even though the paperwork wasn’t available, the tribunal can still decide the DWP got it wrong.

The tribunal works differently. It is not limited to what the DWP had in front of them. It can look at what was actually true, even if the proof came later. So, if the facts show you met the rules at the time, the tribunal can say the DWP got it wrong, not because they acted unfairly, but because the decision did not reflect the full picture.