Representative for PIP tribunal?

RVJ11

Hi,
I have a PIP tribunal coming up soon (not sure when- have yet to hear) and I am terrified that they're going to do what the DWP did, and score me zero for everything. I desperately need to find someone to represent me at my tribunal but I'm not sure which organisations provide this service. I was hoping that my local CAB would be able to, but they don't have the resources. If anyone could point me in the direction of a good representative in the Newark area, I would be extremely grateful.

CAZZA78

Do you stay near a law & money advice centre as there helping me through this and they have been brilliant x hope this help 

RVJ11

Hi, thanks for your reply. I will have a look online for one near me.  I have also found a site called benefitappeals. Don't really know about them but I've sent them an email.

debsidoo

Hi RVJ11
Age concern will give you advice they may be able to point you in the direction of an advocacy service.
You don’t have to be a pensioner to contact them.
     Debsidoo.x

tryingmybest

Hello google fightback4justice they represented me and completed all paper work for £50 for tribunal they are qaulified solicitors xx

CAZZA78

The law & money advice centre has dealt with every letter also keeping me posted about everything they do not charge money ss thety understand that people in this situation haven't got the money to pay  they are great and highly recommend  x

RVJ11

Hi all, thanks for your contributions to my question. I will find out whether or not benefit appeals will charge, and what their charges might be. I will also look into the resources you have all suggested.

debbiedo49

I’m shocked that the cab have stopped going to tribunals. That’s a resource that is needed. It goes to show the lack of resources for certain organisations that are crucial for folks like us. What do we have to do? Maybe we should think about helping cab to get more funding locally? 

susan48

Whoever goes with you to the tribunal will not be able to talk for you.
They May ask the rep questions or if the rep has anything to say at the end but you have to talk.

its absolutely the right thing to do though, take someone with you, don’t go alone.

good luck 

RVJ11

Hello all, 
Some news: I finally got in contact with benefit appeals. The person I spoke to told me that I'll have to send a copy of the info pack sent to me before my tribunal. He told me that he wants to look at it and see how likely I am to succeed. He then told me that he only takes on cases that he can win, because he is "jealous of his success rate" (those were his exact words).  What do people think? Red flag or not? I would think he'd be willing to help regardless of success rates.

CockneyRebel

Hi

I would be very wary, if you have a good case you do not need a rep who in reality is little more than a paid companion. You are your best representative as the person that knows you and your problems best is you.
If you send him the info, you need to do so without commiting to anything and without any upfront or agreement of payment.
If he doesn't agree to take your case, will you lose confidence in your claim ?
If he does agree to take your case then you don't need him

Of course if the service is without any charge then it is a different matter

CR

RVJ11

I think if he didn't take my case I would wonder if it would still be worth it. He said he would review the information free of charge. They do charge for expenses but there's no mention on their site of what they charge. Incidentally it's worth noting that the DWP sent me a second letter today about my mandatory reconsideration in which they've decided that they can award me pip after all. They said they would give me standard rate for daily living... so obviously they know that I've appealed to the FTT. Do you think they could be trying to discourage me from attending a tribunal? Or could it be that I have quite a good case against them and they're trying to get me to take less than I might be awarded if I went?

CockneyRebel

I am unfamiliar with them can you give a link to their site ?

No matter what their opinion you must continue with your appeal as you have nothing to lose.

With regard to the DWP "offer". realistically, what do you think your award should be ?
You should not have to bargain with the DWP for the benefit you deserve. If you need the enhanced rate and/or mobility then you should fight for it all the way and not be fobbed off with less than you deserve. But it is your decsion, what ever you decide we will be here to supprt in any way we can

CR

RVJ11

Hi,
Their site is benefitappeals.co.uk
I really think that there are certain areas in which I could score more points. As i said in my other thread the lowest I score myself on the self test is 14 for daily living.

I'm also sure that I score more for mobility; my father will be going to tribunal with me, and I think he can confirm that, for example, I find it almost impossible to follow the route of an unfamiliar journey without having my phone out to check a map (I'm sure that counts as an orientation aid? Perhaps it doesn't).

In any case, as I may or may not have mentioned, I have heard stories about people being offered less PIP than they qualify for in order to discourage a trip to the appeals court. I do still wonder if all this means that I would stand a good chance of having the initial MR overturned at tribunal. I will double check with my CAB. I did also ring benefitappeals about this. The person I spoke to said that if my DLA was such and such then I'd be missing out on an extra 20 a week, and that I should go ahead with the tribunal.

I'm hoping the CAB will be able to provide some concrete, yes-or-no advice. Unfortunately there are no law centres where I live, so I'm not sure what I should do apart from go to the CAB.

CockneyRebel

Using a phone/sat nav does not count as an orientation  aid sadly

Sometimes the DWP will take another look at a claim when the appeal process is started especially if new evidence is submitted. They usually take a look in the week leading up to the hearing and may again make a new offer.

It is your decision whether to accept any offer or proceed to tribunal

CR.

RVJ11

Hi,
I did wonder about that. After some thought and looking at what they gave me I may not go to tribunal after all. I may just "take the money and run" so to speak. I will double check with the CAB specialist and see what she thinks. Even without going to tribunal,  it's a shame I had to take it this far in order for them to wake up and realise i should be getting something. 
PS I notice that, while a payment has been made, I have not been backdated anything. I heard on youreadable that people moving from DLA to PIP don't get any backdated payments. Is this true?

debbiedo49

Good luck

CockneyRebel

RVJ11 said:

Hi,
I did wonder about that. After some thought and looking at what they gave me I may not go to tribunal after all. I may just "take the money and run" so to speak. I will double check with the CAB specialist and see what she thinks. Even without going to tribunal,  it's a shame I had to take it this far in order for them to wake up and realise i should be getting something. 
PS I notice that, while a payment has been made, I have not been backdated anything. I heard on youreadable that people moving from DLA to PIP don't get any backdated payments. Is this true?

When moving from DLA to PIP Usually DLA will continue for four weeks from the decision ( 3 weks in some cases ) then PIP begins the following day.
If you don't receive an award at first but subsequuently win at MR or appeal you should receive it back dated tothe day after your DLA finished
If you do get an award first time and then receive a higher award at MR or appeal that should also be backdated to the first day of your PIP award

CR

RVJ11

@ lillybelle I have to admit it did sound suspicious when he told me that he only takes on cases likely to win; I would think anyone who cared would take on my case regardless of chances of success.

RVJ11

@CockneyRebel
Okay, so it's just a case of waiting then? It said on the letter that they can award me pip from early feb, which means I've possibly got a bit extra coming fairly soon, at least I hope so. Will double check at the CAB tomorrow. 

CockneyRebel

Ok so now you have an award in payment,
How long is it for ?
You can still proceed to tribunal, the judge should warn you whether you current award is in jeopardy and give you the option of withdrawing from the appeal

CR