PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Have your say about your online community! Complete our annual survey.

tribunal date

davetdavet Member Posts: 74 Courageous
 I have finally got my date for my tribunal 3rd October, I have heard that most of the time is spent by the panel asking me questions, but is it ok for me to ask questions  such as "why did the examiner state that I bent over and picked my bag up from the floor but failed to mention that I was actually sitting down in a chair at the time?" and "why did he avoid discussing my problems with my balance and also forgot to mention that when carrying out one of his exercises I lost my balance and almost fell off the chair?" I would also like to ask"do you people know the pain and misery that you cause people?", I would be obliged for any info regarding the process of a tribunal hearing

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited August 2017
    @davet

    I would not ask any of the questions you propose.  The Tribunal are not responsible for the actions of assessors and they are not there to cause pain and misery.  On the contrary, a Tribunal at this stage is your best hope.  

    Tribunals are independent of the DWP and are impartial.  A Tribunal Hearing is like a second assessment except that its members have no agenda (unlike the assessors).  The Tribunal are there to assess what you are able and unable to do and decide whether to allow your appeal.  Around 65% of appeals succeed.

    Only once did the Tribunal refer either to the assessor's report or the DWP award letter.  When the doctor picked up on the assessor's question about how long could I walk for.  If you get this question, state the time it takes you to walk 20 or 50 metres, or whatever distance you can walk, on a bad day before you need to stop and rest.

    Some Tribunals ask how you travelled to the Hearing.  Don't drive yourself - take a taxi if necessary.  Tribunal might ask you to describe a typical day.

    i wasn't asked either of these questions myself but the judge began by asking how my health had been over the past year.  Then the doctor asked what the hospital outpatient dept do for me (medication and other treatment).

    The doctor put their questions, with the judge coming in with questions that occurred to him.  Then the disability person put their questions, again with the judge coming in.  The Hearing lasted 30 minutes - but times can vary.

    My Tribunal gave me a grilling but allowed my appeal.  I went from standard rate both components for five years to enhanced rate both components indefinitely.

    Scope have a guide to PIP appeals - look under Advice and info.

    Good luck with your Hearing!

  • JusticeJustice Member Posts: 206 Pioneering
    @ Davet  I think you need to address those questions directly to the people who run the assessments, and to the DWP, and I think you need to address them in the form of a letter of complaint. it matters not even if you get the result you want from the tribunal, if the assessment was carried out incorrectly, or if it contained false information about you then you need to do something otherwise they wil keep on and on doing this to people. It will not make any difference to the outcome of your tribunal if you have an ongoing complaint regarding DWP, and ATOS/Capita.
  • davetdavet Member Posts: 74 Courageous
    Hi justice,I have already written to both the dwp and atos regarding this but as expected I  have not recieved a response from either of them
  • davetdavet Member Posts: 74 Courageous
    Matilda said:
    @davet

    I would not ask any of the questions you propose.  The Tribunal are not responsible for the actions of assessors and they are not there to cause pain and misery.  On the contrary, a Tribunal at this stage is your best hope.  

    Tribunals are independent of the DWP and are impartial.  A Tribunal Hearing is like a second assessment except that its members have no agenda (unlike the assessors).  The Tribunal are there to assess what you are able and unable to do and decide whether to allow your appeal.  Around 65% of appeals succeed.

    Only once did the Tribunal refer either to the assessor's report or the DWP award letter.  When the doctor picked up on the assessor's question about how long could I walk for.  If you get this question, state the time it takes you to walk 20 or 50 metres, or whatever distance you can walk, on a bad day before you need to stop and rest.

    Some Tribunals ask how you travelled to the Hearing.  Don't drive yourself - take a taxi if necessary.  Tribunal might ask you to describe a typical day.

    i wasn't asked either of these questions myself but the judge began by asking how my health had been over the past year.  Then the doctor asked what the hospital outpatient dept do for me (medication and other treatment).

    The doctor put their questions, with the judge coming in with questions that occurred to him.  Then the disability person put their questions, again with the judge coming in.  The Hearing lasted 30 minutes - but times can vary.

    My Tribunal gave me a grilling but allowed my appeal.  I went from standard rate both components for five years to enhanced rate both components indefinitely.

    Scope have a guide to PIP appeals - look under Advice and info.

    Good luck with your Hearing!
    thank you Matilda, one thing that worries me is that i may lose my temper, I am very angry at this whole situation i find myself in, the establishment in the form of the NHS put me in this position by their negligence, the the establishment in the form of the government prevent me from suing the NHS by way of  statutes, now the establishment in the form of the dwp are making me suffer even more, I feel as though I now have to justify my right to  a basic standard of life rather than just a mere existence

  • wildlifewildlife Member Posts: 1,316 Pioneering
    @davet Both ATOS and DWP are supposed to at least acknowledge your complaint within a matter of days. Not sure exactly how long. ATOS have a huge backlog so it will be a long time but you can ring them anytime to chase them up. They're now called IAS but are still part of ATOS Healthcare. The number is on their website. It took them 5 months to reply to my complaint which is now with ICE who are independent of anyone. Do hope you get the outcome you are entitled to at Appeal.   
  • JusticeJustice Member Posts: 206 Pioneering
    @ davet. I would chase them up regarding the complaint. if necessary getv your MP on the case, these People should not be allowed to ride rough shod over everyone
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @davet

    There's no point losing your temper with the Tribunal as Tribunals are the 'saviour' of many claimants: 65% of appeals succeed.  So, I wouldn't upset the Tribunal - they are human, after all.  Especially don't argue with the judge: it is the judge who makes the decision.
  • davetdavet Member Posts: 74 Courageous
    I understand what you are saying Matilda, I was however under the impression that a representative from the dwp would be there
  • davetdavet Member Posts: 74 Courageous
    Justice said:
    @ davet. I would chase them up regarding the complaint. if necessary getv your MP on the case, these People should not be allowed to ride rough shod over everyone
    I have heard nothing whatsoever from them, not even confirmation of receipt of my complaint, I rang atos a few days ago to chase it up and the young girl told me there was nothing on the system, she assured me she would look into it and chase it up,( wont be holding my breath though) sadly I usually send letters such as this by recorded delivery but didnt on this occassion
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @davet

    DWP only send a rep to some Tribunal Hearings.  There was no DWP rep at mine. I don't know if you are told in advance if DWP will be present.  If they are there they are not part of the panel but there to represent DWP interests.  The panel will still be independent of DWP.
Sign in or join us to comment.