PIP Tribunal

flowergirl20

Hi all

This is the first step I'm taking in asking for support and hand holding for my PIP Tribunal.

I have been through appeal and mandatory reconsideration, both were denied so I requested Tribunal. I then had another person phone me saying they were going through to see if they could make any changes to prevent it going to Tribunal but unfortunately they didn't make any changes so it has gone to Tribunal. I was award 6 points on daily living and have disputed 3 or so other areas. The paperwork just seems to completely dispute my word on certain things and relies on the fact that I can drive to say I don't need prompting to prepare food or eat, despite me having a life long diagnosed eating disorder, as well as Autism and sensory processing diagnosed in the last year. I cannot understand how the 2 things are related.

I'm terrified about the Tribunal and I have no support as I haven't wanted to tell my family as I'm too ashamed to say that I'm trying to claim due to the stigma. However I know I believe so strongly that I am entitled to it based on their own descriptors and I want to fight for myself, but it feels like the system is set up to just get rid of me from the system. The wording in the letter of "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the secretary of states decision" just makes me feel like I'm not even a person to them.

I think one of my downfalls is that I've found it so difficult to engage with services such as physio and mental health support (part of my problem which I've documented is actually accessing medical care).

Does anyone have any advice for steps I should be taking in the lead up to the Tribunal?

Many thanks in advance for any discussion about the whole process!

Kimi87

Unfortunately the assessors will use one thing you can do, such as driving, and lazily apply it to other descriptors as justification to deny you points.

I'd definitely recommend getting help from a local welfare rights organisation

https://advicefinder.turn2us.org.uk

Rachel_Scope

Hi @flowergirl20. I've been through the process myself and was awarded 0 at the first stage, then 6 at MR and I was then awarded after the tribunal. Personally, I felt the tribunal was the 'easiest' stage as I could talk to them about my condition and they could clarify things with me then and there. I did mine via video call which was good for me as I would've struggled to go in person but I still wanted to be able to see the people I was talking to. I had my husband next to me but he wasn't allowed to say anything until the end when they asked him of his thoughts.

I understand the shame you feel due to the stigma but please don't. If you need it, you need it. Do you think you could tell someone about it so they could support you?

I got quite upset reading the documents saying the appeal should be dismissed so decided not to dwell on it. It's a standard document they send out and they don't know you personally, although it's easy to take it as a personal attack.

Remind yourself you deserve it and go over the answers you put in your application and see if you can add anything. It might help that they'll ask you different types of questions so something you hadn't put down could crop up.

I have everything crossed for you and hope that you aren't caused too much stress.

flowergirl20

Thank you so much for your replies!

My mum knows so it's not noone and she's supportive she understands all my needs as she's had to look after me for 38 years! I don't want to say too much that could identify me but I have 3 physical diagnosed conditions which are incurable and monitored by consultants, fatigue from them as well as depression, anxiety, autism, ADHD, eating disorder (not body image related).

Coincidentally I received my first physio appointment through from my referral today (and for once it was a simple phone call and they booked a face to face appointment rather than another awful long online form) I'm hoping to get more support and more professional diagnosis and evidence of my needs. Their forms say I'm not seeking this or that service like muskuloskeletal... I don't think they understand how stretched the NHS is and that I've already stated I'm getting most of the support and adaptations I need (which are in their descriptors) from my boyfriend and family and don't need/wouldn't be entitled to ongoing NHS support forever, but it doesn't mean I don't have the ongoing issues that need constant support and management in my daily living.

Is it worth trying to update PIP with more medical evidence in the hope they make a change now, or is that it now until I get my Tribunal date? I read someone else's took 3 years start to finish 🥴

I think I selected video or phone as well.

chiarieds

Hi @flowergirl20 - just to add a little to the above comments. Yes, if you can, try & find a Welfare Rights Officer to help with your tribunal using the link Kimi87 provided.

About 'driving & PIP,' there's an interesting discussion here by those who help people with their benefits claims, so please read a Senior Welfare Rights Officer's comments & those of others: https://www.rightsnet.org.uk/forums/viewthread/10229/

If any new medical evidence is relevant to the problems you had at the time of your decision letter, then submit them to HMCTS, & the DWP will then recieve a copy.

Do read through your 'bundle' (all that you've sent the DWP about your claim) when you receive it, & make sure nothing is missing.

Please come back with any other questions.

onebigvoice

@flowergirl20

I can say that the first thing is what you have already done. Asking for help at any time of your claim for benefits is a must. Unless you deal with the paper trailm side of the Assessment process every day, which most don't because the first thing you need to do is fix you, which is where the NHS and the people that treat you will do.

Confide with your GP or other peopl that treat you already, since your medical History cannot be changed by the DWP or PIP, but will help later when you have to claim any assistance whether Medical OR FINANCIAL.

It is easy to join the two which they do on every assessment for every benefit, but Medical facts used to to state any thing but what is in your MEDICAL HISTORY, from what I have seen has already been changed. Look at your assessment report and look at the person who has assessed you, including the title they used to assess you.

This year a change in the assessment process will be seen, since the Laws that are applied to the assessment process are being looked at where the Assessment company that provides the assessment of you is hired by the DWP or PIP to give their professional opinion of your case. In a nut shell this is what is being looked at since the NHS is not getting value for money by allowing the assessment to not follow the same rules you get from the NHS.

They cannot write into your medical history or enter any report there either, they cannot give there profession of Medical reference Number which you are entitled to see BEFORE AN ASSESSMENT TAKES PLACE.

Ask the DWP or PIP when giving their Mandatory reconsideration to supply you with the documents used to assess you in line with the CRP 35 rules that govern the reports written by the NHS. In other words of the same standard as the NHS which is on headed paper and shows their GMC or MNC registration number so they can be traced and shown they are registered on the British Medical Register, and were Practicing Medical Practitioners at the time of the assessment.

If they cannot show this then the Report cannot be used, and you can ask for the medical evidence you supplied to not given to anyone until they show that they are medically qualified to do so.

Do not be put off in asking since the decision maker and the Assessor will send you on paper that would make you doubt what you are doing, as this is normally about 3 to 6 pages of what an assessor needs to do before s/he is allowed to assess.

ON PAPER ITS WHAT IS EXPECTED OF THE NHS AND ANY MEDICAL PROFESSIONAL, but trust me they do not, or are ever shown on any documents they produce.

The Judicial system, is the same, also being looked at by me, not only as a member of other rights organisations but as a SCOPE Senedd Member, since in fighting for Disability Rights, the system need to be brought back under the NHS umbrella, where we are allowing the Medical Board to continue to allow these unsupported reports to be used, at a cost of £850 for a basic assessment that cannot be used, with extra work being charged on top.

Sorry this is a long post but to fear not, I have had a report back from the Upper Tribunal where yet again they refused to supply PDF Documents used by the DWP to remove benefits but had been rinstated 5 YERS AGO, and not updated their files stating the hyave had a back log?

5 YEARS? that's not what was said in 2024, where they were given 10 days to reply.

I will not give up and neither should you.

ASK FOR THE DOCUMENTS USED TO ASSESS YOU INCLUDING THE DECISION MAKERS REPORTS.

onebigvoice

This from my other forum.

Centre for Mental Health Bringing you the latest news and research in the fight for equality in mental health.

A new year can create a sense of possibility and hope, or one of foreboding and uncertainty. For mental health policy in England, there is good reason for both.

We’re now almost 18 months into the current Parliament, and Labour’s election manifesto promises are beginning to be realised – albeit at different speeds. They pledged to modernise the Mental Health Act, and in December the Bill finally completed its passage through Parliament. Now it has to be implemented. And that will take time, effort, resources, and determination. We were also promised legislation to ban ‘conversion’ practices against LGBTQ+ people, and we’re still waiting for that.

The Government’s manifesto pledged to put a mental health specialist in every school. That has since been subsumed under the expansion of the previous Government’s programme of mental health support teams, which is due to be completed in 2029. For that promise to be fulfilled, it is vital that the new system is additional to existing provision, and that it provides the right level of support for all children and young people with a wide range of diverse needs and circumstances The manifesto pledged an open access early support mental health hub for young people in every community. Progress towards this goal has been slower so far, and it has been brought under the wing of the Young Futures programme. We’ll be holding the Government to account for achieving the promise in its manifesto as this year progresses, drawing on the blueprint we produced with partners as part of our Fund the Hubs campaign.