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help for pip appeal

lysialysia Member Posts: 5 Listener
I have received court date for pip appeal after 11months !! I have fibro diabetes and anxiety what kind of questions will I be asked I've never done anything like this please any advice gratefully accepted 

Replies

  • lysialysia Member Posts: 5 Listener
    I'm a nurse and they gave me 0 points for everything why should I be penalised for working just why so if I sit on benefits at home that makes it ok I have given 30 years to help others have never claimed a penny yet I do and damn condemned fo this this so wrong I'm in pain most of the time I shouldn't be working at all 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @lysia

    Disability Rights website has a section on PIP appeals which might give you an idea of what to expect at a tribunal.
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    Hi @lysia the information on Scope and Disability Rights UK is:

    Your tribunal hearing won’t take place in a courtroom filled with lawyers and the like – it will be an informal meeting between you, a judge and up two other independent members of the tribunal board.  Disability Rights UK describe the hearing thusly: 

    “The Judge will normally introduce the tribunal and explain its role. They usually go on to ask you questions about the issues related to your appeal… they will often ask you to describe what you do on an average day… once the tribunal is satisfied that everyone has had the chance to put their case, they will ask you to leave the room while they make their decision.”

    Though it’s understandable that you may feel nervous or anxious prior to the hearing, it’s important to realise that no one there is trying to trip you up or catch you out. The aim of the hearing is to ascertain how your condition affects you, and to make a judgement based on this.

    Be your normal self
    Don’t put on a ‘brave front’ or try to look extra smart, just be yourself. The panel is trying to make a judgment based on how you are on a normal day, so make sure this is what you show to them.

    Getting your decision
    In normal circumstances you will receive the tribunal’s decision on the day. If successful, the decision will be passed on to the DWP, who will then put your new benefits level into effect. 
    If you are not successful in your appeal, you can request a ‘statement of reasons', which will explain how the decision is made. If after reading this you believe that a legal mistake has been made, you may be able to appeal again to an upper tribunal.

    Scope
    Senior online community officer
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @lysia

    These are extracts from Disability Rights Handbook about appeal hearings:

    "The hearing itself should be fairly informal.  The tribunal is 'inquisitorial'."

    "There is no set procedure, so the tribunal judge decided which procedure will most effectively determine each appeal.  The judge will begin by introducing the members of the tribunal and explaining its role.

    If there is a presenting officer [i.e. a DWP rep] the judge often asks them to present the decision maker's case first.  Other tribunals may begin by asking you direct factual questions,  A common procedure for disability-related appeals is to ask you to describe what you do  on an average day.

    At some point in the hearing you will be asked to explain your case."

    "At the end of your statement repeat the decision you want the tribunal to make.  You can question the presenting officer, if there is one, and any witnesses.  Listen carefully and ask questions if you think anything is being misunderstood or misrepresented.

    One the tribunal is satisfied that each party has had the opportunity to present its case, the judge will ask everyone (except the clerk) to leave the tribunal room while the tribunal makes its decision."

    "[The tribunal] cannot ask you to undergo a walking test for the mobility component of personal independence payment or disability living allowance.  It will, however, watch how you walk into and out of the room and how you cope with what might be lengthy hearing.  The tribunal can also refer you for a medical examination and report."

    "You will get a decision notice on the day of the hearing or soon after.  A copy of the decision notice is sent to the department that made the original decision so they can put the tribunal decision into effect and pay you any benefit owed.

    If the appeal is unsuccessful you can ask for ....the 'statement of reasons' for the decision.  If you want to appeal to the Upper Tribunal you need this statement.  Make sure you write and ask for it within the normal 1-month time limit.  Once you have read the statement of reasons, it should be clear to you how and why you have been unsuccessful.  If it is not, this may be an error of law and it may be possible to appeal further to the Upper Tribunal."








  • twistertwister Member Posts: 11 Listener
    You can ask a local advice agency or CAB to be your representative at the tribunal, but I would get that request in asap on form SSSCS1. 
  • davetdavet Member Posts: 77 Courageous
    I am still awaiting a date for my tribunal, and have found the info on this thread very helpful, I note that a dwp rep maybe there,yet cannot help but think it would be better if the actual decision maker who ruled on the claim was obliged to attend along with the actual assessor, particularly the assessor as I would like to ask him why he lied and missed out important information in his report as I was always under the impression that in this country you were entitled to face your accuser
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