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PIP tribunal

odiebumbumodiebumbum Member Posts: 1 Listener
edited May 2017 in PIP, DLA and AA
Hi could you please advise me 're pip tribunal. Thank you very much
Josephine 
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Replies

  • GeoarkGeoark Member, Scope Volunteer Posts: 1,375 Disability Gamechanger
    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?

    As an individual I stood alone.
    As a member of a group I did things.
    As part of a community I helped to create change!

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  • davedj44davedj44 Member Posts: 32 Connected
    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 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • davedj44davedj44 Member Posts: 32 Connected
    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. 
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  • drewdundeedrewdundee Member Posts: 49 Courageous
    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.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • davedj44davedj44 Member Posts: 32 Connected
    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
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  • davedj44davedj44 Member Posts: 32 Connected
    So they do tell people in person if they have lost their appeal?
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team
    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! :)
    Senior Community Partner
    Scope
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  • davedj44davedj44 Member Posts: 32 Connected
    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.
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  • davedj44davedj44 Member Posts: 32 Connected
    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. 
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  • davedj44davedj44 Member Posts: 32 Connected
    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? 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • davedj44davedj44 Member Posts: 32 Connected
    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.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • davedj44davedj44 Member Posts: 32 Connected
    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.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team
    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? 
    Senior Community Partner
    Scope
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  • davedj44davedj44 Member Posts: 32 Connected
    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
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  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @davedj44 - as regards seeing you MP...

    I went to see mine. He lent a listening ear which was good and also sent a letter (I'd drafted the letter - he signed it)

    It's useful that MPs know what's going on but, in terms of practical assistance, I think you might be better going to an organisation with knowledge of the benefits system.


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  • davedj44davedj44 Member Posts: 32 Connected
    Thus all very overwhelming, I have no idea what to do or who to contact?
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  • cristobalcristobal Member Posts: 968 Disability Gamechanger
    @davedj44 - I'm sorry that you feel overwhelmed by it all.

    I'm not really best placed to advise as I didn't get as far as a tribunal but I wonder if you could try your local CAB who may be able to point you in the right direction.

    Also, I'd be inclined to wait until you get details of the SOR. Once you know why you weren't successful you can work out the way forward...

    Stay strong...
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This link will help you find what's in your area for face to face advice. https://advicelocal.uk/

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Argyl14Argyl14 Member Posts: 4 Listener
    I had to attend 3 tribunals, as local help group, well messed up.

    And total agree it is worse than assessment.  Like most, told it wasn't  a pressurized meeting, panel are nice.

    Aye, 2nd of 3 times I think or last one. I was made to feel so low, scum.  I broke down.

    1 off them I stupidly tried to get out bath myself, as I should  have known, fell, battered face of toilet seat. All black and blue. Huge cut, next day tribunal.  Looked at me as if I did it to myself.

    It's a disgrace, people when needing help, support, at lowest point  are put through this.

    And 100% the government know it, and its planned to be as such.

    Evil evil people
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