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Tribunal

ljenk
ljenk Member Posts: 35 Connected
hi!
After a year of worry and an hour and ten minutes of grilling and embarrassment and tears I was awarded enhanced for both, they gave me a letter there and then and said it was a majority vote
i called DWP who said they received the document for the court. How long before I receive the documents from them so I can try and get a mobility vehicle as the one I’m borrowing is being sold
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,607 Disability Gamechanger
    Great news. Backdated money can take anything between 2-8 weeks. DWP do have 28 days to ask for the Statement Of reasons from the Tribunal, they may make you wait at least this long. If your Tribunal was a few weeks ago then give PIP a ring. If i was recently then i'd wait a couple of weeks until you ring them. Hopefully you won't be waiting too much longer.
  • ljenk
    ljenk Member Posts: 35 Connected
    Thank you. It was more the letters so I can get a mobility car. I have rung a couple of times and they said they received from the court and it’s with someone 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    I would not pressure DWP on this at present. A majority decision is fairly rare and  is a red flag for DWP to potentially look to challenge the decision. Their first step will be to request a statement of reasons and record of proceedings. If you keep ringing then you’re increasing the chances of someone looking closer at the decision and beginning to ask why it was only a majority decision.
  • ljenk
    ljenk Member Posts: 35 Connected
    Ok thank you. I was just anxious as I wanted to know they had it 
    I was initially awarded 11/12 for care and 10/12 for mobility and the tribunal awarded 13/12 for care and 20/12 for mobility. 
  • ljenk
    ljenk Member Posts: 35 Connected
    I think the majority was the doctor and judge as the disabilities person took an instant dislike. There wasn’t a DWP rep there 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    It’s by the by but it’s a mistake to think that the demeanour of any tribunal member is any indication of their views on their case. There’s simply no way of knowing. 
  • joyclyn
    joyclyn Member Posts: 67 Courageous
    I wrote yesterday about my problem but  reading now I hope u could help I will keep it brief 68 yrs tribunal yesterday  running 1 hour couple mins lat 4.5pm I was very very stressed did not stop crying anyway the judge  asked if they could write to my doctor regaring my mental  health also get help from dissability rights on points my support worker there but not really acknowledged  so tribunal stopped 4.45. judge said may get them agàin but could b others but I would b more aware of what goes on is this now a new tribunal could it take months I wrote my doctor to inform her thank you
  • ljenk
    ljenk Member Posts: 35 Connected
    Do they ask for a statement of reasons often? I run gup a couple of times purely to check and also by the end of the hearing I didn’t even take in that was said as was so exhausted 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    It’s more frequent than it used to be.
  • ljenk
    ljenk Member Posts: 35 Connected
    I just think they surely can understand someone has been stripped of everything no car throughout the year and had to fight to tribunal to then have it awarded on pip - naturally they are going to call to see if it’s there, whether someone has it or whether it’s been looked at yet?
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    When I won my tribunal judge didn't say whether decision was unanimous or majority.  Think it might have been majority as the doctor seemed unsympathetic.

    I wonder what the ratio of unanimous to majority decisions is.
  • ljenk
    ljenk Member Posts: 35 Connected
    Tbh I have no idea- did DWP send you your papers. I spoke to a lawyer who said majority or unanimous it went in my favour. They wrote down all the points and reasons why it ruled in my favour. Mobility just told me to ring DWP again and explain the situation with the car 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    My tribunal was a year ago.  I received DWP award letter, new payment rates and arrears about three weeks after hearing date.  Though waits can be longer.

    Hope you hear soon.
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Unless stated explicitly otherwise all decisions are unanimous. Majority decisions always have to be specified as such.
  • ljenk
    ljenk Member Posts: 35 Connected
    Yes it’s says the majority on there and they placed particular reliance upon medical evidence (as I submitted a lot more evidence from my doctor)
    the judge and doc I think were in my favour. DWP weren’t there but another lady a disabilities advisor or something like that 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    edited June 2018
    My tribunal decision letter did not refer to a majority decision so I suppose my decision must have been unanimous.

    Tribunal placed a lot of weight on my medical evidence even though it was old and on my own testimony.




  • ljenk
    ljenk Member Posts: 35 Connected
    Yes my tribunal mentioned a majority decision and that they placed a lot on medical evidence as I sent in more before tribunal 
    the doctor and judge were ok it was the other lady. I don’t know who she was? She wasn’t DWP - she didn’t have a title as such 
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    DQTM - Disability qualified tribunal member. A person with “experience” of disability. They will have been introduced at the outset but at that point most appellants aren’t listening.
  • ljenk
    ljenk Member Posts: 35 Connected
    No I didn’t hear as had panic attack before I went in and spent most of the tribunal in tears. It was that lady who kept asking me questions over and over. It was almost bullying. The doctor turned around and said to her ‘we’ve already been through this’ and she replied ‘well I’ll keep my mouth shut then,’
    just hoping the DWP agree to it all as the medical evidence I submitted before tribunal from my doctor was very detailed as he pointed out all the descriptors he felt they have underestimated my points 
  • ljenk
    ljenk Member Posts: 35 Connected
    They said they had relied on the medical evidence given aswell which the DWP did receive before tribunal 

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