PIP, DLA and AA
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Representative for PIP tribunal?

RVJ11RVJ11 Member Posts: 20 Connected
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.

Replies

  • CAZZA78CAZZA78 Member Posts: 2 Listener
    Do you stay near a law & money advice centre as there helping me through this and they have been brilliant x hope this help 
  • RVJ11RVJ11 Member Posts: 20 Connected
    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.
  • debsidoodebsidoo Member Posts: 327 Pioneering
    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
  • tryingmybesttryingmybest Member Posts: 27 Connected
    Hello google fightback4justice they represented me and completed all paper work for £50 for tribunal they are qaulified solicitors xx
  • CAZZA78CAZZA78 Member Posts: 2 Listener
    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
  • RVJ11RVJ11 Member Posts: 20 Connected
    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.
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    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 
  • RVJ11RVJ11 Member Posts: 20 Connected
    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.
  • RVJ11RVJ11 Member Posts: 20 Connected
    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?
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    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
    Be all you can be, make  every day count. Namaste
  • RVJ11RVJ11 Member Posts: 20 Connected
    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.

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    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.
    Be all you can be, make  every day count. Namaste
  • RVJ11RVJ11 Member Posts: 20 Connected
    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?
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good luck
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • lillybellelillybelle Member Posts: 458 Pioneering
    This sounds like PPI scrounges.
    companies try to get you ppi payments and then charge you a percentage.
    they do absolutely nothing more than you can do yourself.
    Dont pay companies, they are choosy as they will only take cases on that they will win for the money.
    read up on tribunerals . Get advice from free charities but don’t pay some person to do the same work that you can do yourself
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    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
    Be all you can be, make  every day count. Namaste
  • RVJ11RVJ11 Member Posts: 20 Connected
    @ 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.
  • RVJ11RVJ11 Member Posts: 20 Connected
    @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. 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    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
    Be all you can be, make  every day count. Namaste
  • RVJ11RVJ11 Member Posts: 20 Connected
    Hi,
    I got the date wrong; the letter says that they will award me pip from the 26th of Feb 2018 to the 12th of March 2021.
    I may still go to the tribunal; I have to see some people and make some enquiries. I suppose the DWP might stop my payments when they learn I'm not going to tribunal; I will ring the tribunal court and find out what I can.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Once they have made an award they cannot take it back without making a new decision
    You have nothing to lose going to tribunal if you genuinely deserve a higher award

    CR
    Be all you can be, make  every day count. Namaste
  • lillybellelillybelle Member Posts: 458 Pioneering
    There does seem to be a lot of awards being overturned for the better when they realise that you are going to tribuneral.
  • tinky1971tinky1971 Member Posts: 5 Listener
    I'm looking at going to tribunal for my son. Does he have to come with me as I'm his appointee, don't won't him more stressed
  • RVJ11RVJ11 Member Posts: 20 Connected
    Hi,
    After speaking to an adviser at the CAB yesterday, I have decided not to go ahead with attending a tribunal after all. I was lucky enough to be able to speak directly to the adviser who had helped me with my mandatory reconsideration. We went through all the points we'd raised, compared them to the things the DWP had given me points for, and concluded that I would not be very likely to get many more than I have already been given if I were to continue to tribunal. Thank you all for your help and support.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    As long as you have an award that you are happy with you can now relax.

    CR
    Be all you can be, make  every day count. Namaste
  • donalddonald Member Posts: 15 Listener
    can my award made in my mandatory, can it be taken from me if i lose my appeal i have both standard,and am frightend i will lose out on my standard on both rates ,
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    donald said:
    can my award made in my mandatory, can it be taken from me if i lose my appeal i have both standard,and am frightend i will lose out on my standard on both rates ,
    If you've recently be awarded a benefit and you're not happy with the decision then you need to get further advice from either welfare rights or a law centre. No one on an internet forum can tell you if there's any risks to an award you already have because no one knows how your conditions affect you.
    Community champion and 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.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    If you appeal to the tribunal, the judge should tell you if your current award is in danger giving you the option to withdraw. However if you fulfill the criteria for a higher award then you should think carefully
    Be all you can be, make  every day count. Namaste
  • YadnadYadnad Posts: 2,856 Member
    debsidoo said:
    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
    Make sure that the service they point you towards is one that is professionally qualified to represent you at a Tribunal.
    Some of these types of services are only there to just hold your hand so to speak.
  • mikehughescqmikehughescq Member Posts: 5,962 Disability Gamechanger
    Hello google fightback4justice they represented me and completed all paper work for £50 for tribunal they are qaulified solicitors xx
    Not quite the same as practising solicitors.
  • mikehughescqmikehughescq Member Posts: 5,962 Disability Gamechanger
    Yadnad said:
    debsidoo said:
    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
    Make sure that the service they point you towards is one that is professionally qualified to represent you at a Tribunal.
    Some of these types of services are only there to just hold your hand so to speak.
    There are no professional qualifications in advice work that are widely recognised or meaningful despite numerous courses and attempts. 
  • YadnadYadnad Posts: 2,856 Member
    Yadnad said:
    debsidoo said:
    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
    Make sure that the service they point you towards is one that is professionally qualified to represent you at a Tribunal.
    Some of these types of services are only there to just hold your hand so to speak.
    There are no professional qualifications in advice work that are widely recognised or meaningful despite numerous courses and attempts. 
    Hi Mike I was trying to differentiate between those who are supporters (advocates) and no nothing or very little about the benefit system. They hold your hand and sit next to you to give moral support.

    Then we have the likes of yourself that fully understands the system and is able to prepare a proper submission and argue with the Tribunal on points of law.

  • JamesAnthonyJamesAnthony Member Posts: 3 Listener
    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? 

  • JamesAnthonyJamesAnthony Member Posts: 3 Listener
    I have started a petition with change. Org for it to be Manditory for all PIP assessments to be recorded. Stop the lies and prevent the unnecessary stress and hardship we disabled people are all suffering. 
  • JamesAnthonyJamesAnthony Member Posts: 3 Listener
    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? 
    http://chng.it/xZd4nStz please sign and share 
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