PIP, DLA and AA
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Nervous about tribunal, please advise!

jannojanno Member Posts: 1 Listener
edited June 2018 in PIP, DLA and AA
I am waiting to be given a date for my tribunal for a review of my PIP payments.I was awarded enhanced rate for the daily living section and standard rate for mobility in 2016.Following a review in Feb this year my payments were stopped without any notification to myself and following a mandatory consideration did not change their decision my mobility payments were stopped and my daily living component was reduced to standard rate. When returning my assessment review forms I mostly filled in "no change" apart from my having to use a walking stick.I was quite satisfied with my initial payment and resllr didn't see what else they could offer me..In fact my condition was considerably worse which explained at my assessment..I have received my bundle from DWP who incidentally offered to reinstate my original mobility rate but not my daily living.I am eorrwor about when to present my Submission got the tribunal should it be before my hearing or on the day.My condition is Non Hodgkin's lymphoma and although treatable remains incurable.I am so dosor for the length of this post but I am very nervous and worried that I won't submit my submission either at the wrong time or too late.I would very much value your advice.Thank hou

Replies

  • markyboymarkyboy Member Posts: 368 Pioneering
    You can submit any evidence up to 7 days before your tribunal date but all evidence should be sent to the courts and tribunal service who will forward a copy to the DWP
    you will normally get a date for a tribunal around 2 weeks before it is due but you can expect to wait up to 9 months for a tribunal date
  • alibobsalibobs Member Posts: 2 Listener
    Hi Janno. I'm new on here so not sure of the etiquette on replies. I have read what you have written. I think there has been some confusion at the review stage. So many people do not fully detail (yet again) all the difficulties faced on a day to day basis and it is then for DWP?Medical advisor to reassess.  They have obviously realised they were wrong on the mobility side and are I presume going to reinstate that. As far as day to day care applies you need( preferably with help) to go through each question detailing the pain/fatigue/ exhaustion that,e.g, preparing a meal from scratch, getting in and out of the bath etc can cause. Supporting evidence from a GP, carer, or partner will help too. The sooner you send it off to tribunal the better as they do need to copy it to DWP. However, if for some reason you are very close to the date you can take it with you on the day.(This willl annoy them as they have to copy it and discuss it whilst you are there).
    PS. I am ex DWP Tribnal presentation officer, who following medical retirement now volunteers with a couple of charities and assist as volunteer advocate. I have on one occasion received medical evidence on the day of the tribunal and had to take it with me. Hope this helps.and best of luck. 
  • teddiepieteddiepie Member Posts: 3 Listener
    Very helpful information this . THANK you . 
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    Hi Janno,

    If you want to make a submission to the Tribunal and/or submit any additional evidence then (as stated above) this normally needs to be with the Tribunal at least 2 weeks before the hearing, which gives you loads of time.

    Tips:-

    If you're making a submission it doesn't want to be too long, normally about one side of A4, but any longer than two sides is excessive.

    the Tribunal will only be interested in whether the DWP made the correct decision on the day they did, so any deteriorations in health since then are not relevant (and in fact can sometimes be damaging in appeals).

    try not to worry about the hearing itself - I would very strongly advise that you attend in person, which I am aware is intimidating and not a very pleasant experience on the whole, but purpose of the hearing is mainly just so that the Tribunal can ask you questions and you can answer them - there's no need to go off piste in answering the Tribunals questions, as if you have anything additional to add you will have the opportunity to do this at the end.

    I'm sure you'll be fine - only thing I would add is, take the PIP self-test https://benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test just to make sure it's worth fighting for the enhanced mobility, as if DWP are offering standard DL and enhanced mob, that's actually a very good offer than could save you some time if it's right!

    Best of luck with it!

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    I’ve just been to my tribunal for pip and I submitted a g p letter on the day. 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    A small amount of evidence on the day is just about acceptable. A written submission is not. I would limit myself to 3 sides if A4 at most and get it in ASAP. I would also be looking to secure myself some representation too.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    It is acceptable to submit not more than two sides of A4 additional evidence on the day.  I was told this by one of BenefitsTrainingCo advisers.
  • ataloss2018ataloss2018 Member Posts: 48 Courageous
    Hand any evidence on the day to the Tribunal Clerk and ask if they can hand it to the tribunal, if possible print off three copies for each member.  
  • mikehughescqmikehughescq Member Posts: 5,989 Disability Gamechanger
    Matilda said:
    It is acceptable to submit not more than two sides of A4 additional evidence on the day.  I was told this by one of BenefitsTrainingCo advisers.
    @matilda It’s an illustrative example not a prescriptive “it should be this” or “it should be that”. There is no hard and fast rule beyond a bit of common sense. Hand 20 sides in 30 minutes before when the tribunal hears yours and most tribunals will reject it because they’ll only see it minutes before your case starts. Hand 20 sides in when the appeal before yours has been cancelled and it might get considered. Hand 20 sides in when the PO doesn’t turn up and most tribunals (but not all) will postpone to allow the PO time to consider evidence they may not have seen which might change their perspective and lapse the appeal. Exactly the same principle applies if you hand in a 2 paragraph letter from a specialist which is a game changer. 

    Essentially handing in evidence on the day is poor practice full stop. If it has to be done then it has to either be a written submission which directs the tribunal in a way they might not have otherwise considered or a piece of evidence which is a game changer. If it’s neither then it’s antagonistic and pointless. Even if it’s a single side or less it can be rejected out of hand for many eminently sensible reasons as described above. 

    @ataloss2018 if such evidence has to be handed in then 5 copies will be needed. 3 for the tribunal. 1 for the the Presenting Officer and 1 for the Clerk. If the appeal is adjourned to another date you want the new document in the appeal papers so the clerk must have a copy. You cannot assume a trubunal member will hand theirs to a clerk and a DWP PO certainly won’t.
  • YadnadYadnad Posts: 2,856 Member
    janno said:
    I am waiting to be given a date for my tribunal for a review of my PIP payments.I was awarded enhanced rate for the daily living section and standard rate for mobility in 2016.Following a review in Feb this year my payments were stopped 
    Nothing new about that scenario. Up to 2013 I was in receipt of DLA High Mobility & Care. Since 2013 I have had two PIP assessments and both resulted in no points. On MR for both I was awarded Enhanced Mobility & Care. For the 3rd assessment once again no points and the subsequent MR kept it at that. I gave up.

    It was like being on a roller coaster going from maximum DLA to 0 PIP then up to maximum PIP then to 0 then back up to maximum PIP and back to 0 again.
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