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.

Tribunal hearing

lixsharp13lixsharp13 Member Posts: 34 Connected
edited April 2018 in PIP, DLA and AA
Hi ive got the date for my appeal hearing. Im terrified and so stressed out. Can anyone help with tips or advice?  Thankyou Liz

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @lixsharp13

    Last May I won my tribunal appeal.

    The panel are only interested in what you can and can't do.

    Have your wits about you and be prepared for a grilling.  Tribunal hearings are supposed to be inquisitorial.  Panel might asked challenging questions. 

    Don't argue with the judge!

    Panel based most of their questions on the 7 day diary I submitted.

    The other two tribunal members weren't too bad - but the doctor asked some probing questions.  Asked for how long I could walk (time).  Always relate time to distance as saying you can walk for X seconds or minutes might be interpreted as meaning you can walk farther than in fact you are able to.  Doc also asked how did I know I could only walk 20 yards?  Had I ever measured it?  I replied no, it was an estimate based on experience of distances.

    Doc asked how far from my front door was my car parked.

    Disability person asked about the aids I use.

    Judge and disability person asked if I use a disabled toilet when out.

    The judge and doctor both seemed to think that ability to drive indicates a low level of daily needs disability (strength, stamina).  Don't drive yourself to the hearing; take a taxi if necessary.  I only take a few short car journeys each week.

    Don't dress up, wear clothes with few fastenings, minimal jewellery and, if you are female, minimal make-up.  People, including tribunals, are very influenced by what they can actually see for themselves on the day!


  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    1) Concentrate wholly on what you were like on the date of claim.

    2) There are no “trick” questions. Tribunals are usually listed 20 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

    3) There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

    4) Watch the judge’s pen. All three members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

    5) Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

    6) Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

    7) Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or a suit abd tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

    8) Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

    9) Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

    10) Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.


  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    @mikehughescqgreat advice as always thanks

    CR
    Be all you can be, make  every day count. Namaste
  • lixsharp13lixsharp13 Member Posts: 34 Connected
    Brilliant advice. Got my appeal this afternoon
    Liz
  • ethanscottethanscott Member Posts: 5 Listener
    1) Concentrate wholly on what you were like on the date of claim.

    2) There are no “trick” questions. Tribunals are usually listed 20 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

    3) There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

    4) Watch the judge’s pen. All three members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

    5) Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

    6) Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

    7) Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or earrings or a suit abd tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

    8) Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

    9) Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

    10) Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.


    Ohh amazing. This is so immensely helpful @mikehughescq. Thank you. I have been nervous for so long now. These tips are helping me a lot.
Sign in or join us to comment.