PIP tribunal

odiebumbum

Hi could you please advise me 're pip tribunal. Thank you very much
Josephine 

Geoark

Hello @odiebumbum and welcome to the community.

You can get advice on the scope helpline 0808 800 3333 or if you post specific questions in one of the groups you could get advice from members or one of our advisors.

Are you looking for advice on anything specific?

davedj44

I've just been for my pip tribunal and I felt it was worse than the assessment. The location was changed and because of that they said they couldn't tell me the outcome there and then so I've now got to wait for a decision in the post 

poppy123456

davedj44 said:

I've just been for my pip tribunal and I felt it was worse than the assessment. The location was changed and because of that they said they couldn't tell me the outcome there and then so I've now got to wait for a decision in the post 

Hi,

This does happen, where a decision isn't made on the day of the hearing. It doesn't mean anything bad. Lots of people have good news, even when a decision isn't made on the day. HMCTS usually write to you with the decision within a few days. Good luck and i'm sure you'll receive that letter soon.

davedj44

I've just phoned up and was told a decision has been posted out this afternoon. I'm really worried now that if they have posted a decision and not told me in person that I've lost my appeal. 

drewdundee

Did they not tell you the decision over the telephone ?, When i called to find out about my award they were able to tell me over the phone the outcome. Maybe it's different for tribunals ?. Got my fingers crossed for you.

poppy123456

davedj44 said:

I've just phoned up and was told a decision has been posted out this afternoon. I'm really worried now that if they have posted a decision and not told me in person that I've lost my appeal. 

As i advised, this does happen alot but it doesn't mean it's bad news. You should hopefully receive that decision in tomorrows post.

davedj44

No, they said they couldn't, the decision was in the post. The location for the tribunal was changed as the normal place was flooded the judge said they couldn't tell me there and then because of there computer system. I'm just worried they didn't want to tell me face to face

davedj44

So they do tell people in person if they have lost their appeal?

poppy123456

davedj44 said:

So they do tell people in person if they have lost their appeal?

Yes. I know it's worrying but there's really nothing you can do until that letter arrives. People don't always have decisions on the day of the hearing.

Adrian_Scope

Hi @davedj44, they can tell people both if they've lost the appeal and if they've won it, so try not to read too much in to being told to wait for the letter. As Poppy said, being told to wait for the letter doesn't necessarily mean it's bad news. 
Fingers crossed your decision letter arrives tomorrow and brings good news. Keep us updated!

davedj44

I will do. Thanks for everyones replies, it's been so long coming and if the venue hadn't been changed at the last minute I wouldn't be in this predicament. I just hope I'm successful.

davedj44

I think what worries me is that they made an issue of the fact I could use the Internet and had a smart phone, and that my beard was short, I just came away feeling they were against me from the moment I walked in. 

davedj44

I received a letter telling me I'd not won my appeal. I knew this would be the case. During the tribunal most of the questions were not relevant to the timeline of the appeal. They asked me about my adhd diagnosis some 8 years ago, the order in which the two adhd meds were prescribed again 8 years ago. What I had done with my days, using the Last few weeks as an example. Who I spent Christmas with this year. How many weeks ago since I last saw my GP. They mentioned I had no problem walking even though it has no relevance to the reason for claiming pip. Surely this can't be right? 

poppy123456

You need to request the statement of reasons and record of proceedings from HMCTS and you have 1 month from the date of the decision to do this. There's no timescales how long it will take for them to send these to you. Once you receive them you need to find someone to look through to see if there's an error in law made, unless this is found then you won't be able to appeal the decision.

davedj44

I've emailed my local mp. I was told that question during a tribunal are only supposed to be about the time up until and from the last claim for pip, not in the last 12 months and not from many years ago.

poppy123456

Emailing your local MP isn't the answer here because they won't know anything about case law.

The Tribunal will only take into consideration what your condition was like up until the date the original decision was made by DWP. Any worsening condition since then will not be taken into consideration.

You need to request the statement of reasons and record of proceedings.

davedj44

I haven't mentioned worsening condition. I said that nearly all the questions they asked me were not about the correct time lines relavent to the appeal. They asked me about recent weeks and months and about situations that happened nearly 8 years ago. Why would my mp not be able to help me? Benefit decisions are listed amongst the subjects that they can offer constituents help with on the website. Your reply is adding to an already dreadful situation, it's really coming acriss that I have little or no chance and making me feel even more upset.

poppy123456

I'm sorry you feel that way by my reply. A local MP will not know anything about case law, they will only know the basics about benefits.

You really do need to request the SOR and ROP within 1 month of the date of the decision, then when you receive these you need to find someone to find the error in law. If that's not found then you won't be able to take this any further.

I'm just advising you what your next step is.

Adrian_Scope

Hello @davedj44, I'm very sorry to read the tribunal decision went against you. 
How are you doing today? Have you requested the SOR and ROP as Poppy suggested? 

davedj44

I've had better days. I can't get my head round things at the moment. I will send the relevant letter out in the next couple of days. Even though poppy seems to think it's pointless I have an appointment to see my local mp