Won tribunal, process has been extremely stressful!

Sallycg

I have just been to the tribunal and won my appeal!! This process has taken around a year and has been extremely stressful. Please, if you can, carry on to the bitter end as many people are successful. What a waste of time and public money this has been. I would like to protest about the whole thing. Are there any protests going on anywhere and can anyone Join in?

Sam_Alumni

Hi @Sallycg
COngratulations on winning your appeal!

Do you have any hints or tips to others who are awaiting their tribunal date?

Sallycg

Basically,think of the worst days you ever have, and not the best. The assessor I had when I went for the assessment said that I did not meet the criteria for the higher rate of mobility. He had misinterpreted what I had said at the assessment and some of what he had written was factually incorrect or wrong. Explain this to the panel (a Doctor, someone from a disability organisation, and a Judge). Take someone close to you with you if you can,and DON'T go alone. It was extremely distressing for me. Take a break if you need to. Show them any aids you need e.g. callipers, splints or things to aid your walking or anything else you need help with.. I still haven't recovered from the experience yet so there may be more I think of at another time. If anyone wants to join me in expressing their disgust at the whole process and how unfair it is in a letter to the minister for the DWP please let me know. 

JennysDad

Congratulations Sally @Sallycg and it is great to hear that you have succeeded. Only sorry it has been such a struggle.
Very warmest best wishes to you,
Richard
@JennysDad

Matilda

Well done, @Sallycg!

debbiedo49

👍🏻

Zeezee

Well done Sallycg, I am really pleased you finally got justice. How long did you have to wait from when you applied for a tribunal to when you got a hearing date? I applied for a tribunal after my daughter's appeal was rejected about 6 weeks ago. I am really struggling to make ends meet and have just been issued with a notice to quit our rented home as I can't pay the top up since our money has been reduced. So I just wanted a general idea of the timescale. Many thanks

markyboy

The average wait is 9 months for a tribunal

Sallycg

I asked for an urgent tribunal because my motability car was due to be handed back because the DWP had stopped paying me the higher rate of PIP after the first assessment in August 2017. It was end of October 2017 when the case was 're considered' and they decide that I still didn't meet the criteria for the higher rate. The appeal was then started in November and I was told there would be a wait of about 10 months. In mid April I asked for the urgent tribunal which has just happened!! . 

Yadnad

Sallycg said:

I asked for an urgent tribunal because my motability car was due to be handed back because the DWP had stopped paying me the higher rate of PIP after the first assessment in August 2017....... In mid April I asked for the urgent tribunal which has just happened!! . 

Did you have to hand your car back before the Tribunal hearing? I've had three cars repossessed by motability in the past 5 years. When I say repossessed I returned them myself following the decision notice from the DWP as I didn't want to find that I was still driving them and the insurance had been cancelled.

Sallycg

I have been in touch with motability all the way through the process. They said I could keep the car until August this year and if I lost the case I would be able to buy the adapted car after that date if I was unsuccessful. Now the DWP will have to pay motability all the back dated money they did not  pay them since my money was cut after the first face to face interview all those months ago. I was still insured and taxed whilst I was driving all along. 

Yadnad

Sallycg said:

I have been in touch with motability all the way through the process. They said I could keep the car until August this year and if I lost the case I would be able to buy the adapted car after that date if I was unsuccessful. Now the DWP will have to pay motability all the back dated money they did not  pay them since my money was cut after the first face to face interview all those months ago. I was still insured and taxed whilst I was driving all along. 

???? I don't understand. If the car was to go back after you failed the assessment for mobility who has been paying for it for the past 6 months or so whilst waiting for an appeal hearing?
I thought that once you had the Enhanced Mobility stopped your car has to go back.
After I got my decisions the car was back at the garage about a week after the decision letter came.

mikehughescq

Sallycg said:

Basically,think of the worst days you ever have, and not the best. .... the panel (a Doctor, someone from a disability organisation, and a Judge). Take someone close to you with you if you can,and DON'T go alone. 

1) No, the first bit is absolutely the worst advice. Describe the variability of your condition(s) in all their glory but do not ever suggest that your worst day is what you’re like all or most of the time. It is potentially fraud and successful prosecutions hsve occurred.

2) Tribunals have a judge; a medically qualified professional (could be a surgeon, consultant, specialist, GP and so on) and a DQTM (disability quakidye trubunak member. They are someone with experience of disability. They could be disabled; be a social worker or a carer etc. 

3) Never go alone. Always look for representation.

Sallycg

Hi. 're motability, talk to someone in their office. Maybe each case is different. That's what I was told and I had a letter that said exactly that.

're my appeal, it is important that you put down in the form whether you can or can not do things  safely, to an acceptable standard as often as you need to and in a reasonable time with or without help. Tel the tribunal about good and bad times. E.g. if sometimes you can walk a little longer distance that is a good thing, but if MOST of the time it is impossible to walk, the tribunal need to understand this more.

The particular panel of people at my tribunal were a medical doctor, a disability representative and a Judge. That was just my experience. I can not say what other panels are made up of. I hope this clarifies my experience of the process.