judge and panel
Billy15
Online Community Member Posts: 25 Connected
hi i am at my witts end here can any body tell me whats the most important questions that the judge and the panel ask you at the tribuneral and the best anwsers thanks
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Look at the reasons why you applied and write them down giving examples if you can. Take someone with you if you can. Good luck0
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thank you debbs and lilly xx0
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This is what I posted recently on another thread. Some of it might be relevant to your appeal.Last May I won my PIP tribunal appeal.The panel are only interested in what you can and can't do. They are looking for indications of difficulty with walking and with daily living.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 just saying you can walk for X seconds or minutes without stating the distance 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. Use of aids of course is evidence of disability. Asked about my difficulties preparing food and eating. I have adapted cutlery and adapted veg peeler.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!You can send in more evidence up to 7 days before the hearing date but tribunal would be unwilling to accept more than two pages of A4 on the day.Suitable additional evidence would be evidence of how your disabilities affect you on a daily basis: daily living and mobility. Tribunal don't want to know about PIP legislation as they should already know that.Disability Rights UK site has a good guide to all stages of PIP and they publish a Handbook that has a detailed account of appeal hearing proceedings. You have to buy the latter but I found it worth the money. The 2018-19 edition isn't published until May but they might still have copies of the 2017-18 edition. I understand the 2016-17 is on e-bay cheap. Advice on appeal hearings isn't likely to change much.1
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@ matilda thank you very much you have been a big help xx0
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@ matilda i have a spine injury and a knee replacement witch is a failure and really struggle getting around and in pain if there is anything else i should no would love to here from you thanks billy xx0
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@Billy15
PIP mobility points criteria are:
Able to walk up to 20m aided = 12 points (enhanced)
Able to walk 20m - 50m aided = 10 points (standard)
Able to walk 20m - 50m unaided = 8 points (standard)
If for example you can't walk farther than 20m before you need to stop and rest for a few minutes because of pain/stiffness/fatigue, then insist that this so even if panel suggest you can walk farther.
Have you got any medical evidence? You don't get points for your conditions themselves, only for the way they affect you - but medical evidence that you have conditions that are known to cause disability would help.0 -
@Billy15
Many Atos assessors tell lies - mine did! I was awarded 10 points mobility after assessment but, after tribunal had asked me a lot of questions about my walking, they awarded me 12 points.
Tribunals are well aware by now that assessors lie and 69% of appeals succeed.0 -
Recently posted by @Username_removed
) 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.
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