report from judge as to PIP decisions — Scope | Disability forum
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report from judge as to PIP decisions

Tracy1962
Tracy1962 Member Posts: 11 Listener
edited June 2018 in PIP, DLA, and AA
Hi I attended tribunal four months ago at walsall court AS APPOINTEE for my son who has ASD.
I was kept waiting for half an hour after appointment time and then grilled for an hour.Half way through i was taken out of the room for twenty minutes whilst they discussed ?.I saw the doctor looking through my file i had left on the desk(nothing they had not received  already but not read !! I was treated like a criminal and it was a terrible experience i wouldn't want to repeat.I wasn't given a decision just told i would hear in the post.I was so upset i didnt say what i should have said and blathered on when i should have been precise and explained.
My son was awarded standard ,but given 10 points for mobility yet none for the areas where he should have scored !! Very interested to find out why this had been scored i asked for the judges report .This came three months later ...it basically totally ignored the doctors letter that had been written saying this hadn't been taken into account stating "we find doctor [name removed by moderator] had been told what to write in this letter" there are lots of other things said that are lies and show a total lack of regard for the professionalism of the doctor, who my son and i saw when he was totally suicidal and i was unable to help him.They say one thing then the total opposite !! I dont know what to do with this report but think i should show it to someone as it makes me furious how they twisted what was said both by myself and the doctor who gave supporting information .
Please can you advise me what i should do.Whilst a judge can make these decisions and make assumptions that are untrue,what hope is there for independant and fair tribunals (we waited a year for ours ) Tracy 

Comments

  • [Deleted User]
    [Deleted User] Posts: 68 Listener
    If the tribunal is twisting the evidence then nobody has got a chance and I won 11 out of11 for incapacity benefit no use showing it to anybody their decision stands does not matter how many lies they have told sorry its bad news but theirs nothing you can do about it
  • Matilda
    Matilda Member Posts: 2,590 Disability Gamechanger
    You could ask judge for statement of reasons and show this to CAB or similar to see if tribunal made an error of law in which case you could appeal to an upper tier tribunal.
  • alibobs
    alibobs Member Posts: 2 Listener
    Deffo take this further with your local welfare rights department. CAB do not seem to have the expertise once pass tribunal stage. Welfare rights at Jarrow are fab.
  • markyboy
    markyboy Member Posts: 367 Pioneering
    If your tribunal was 4 months ago you will not be able to appeal it now
  • markyboy
    markyboy Member Posts: 367 Pioneering
    Sorry i did not realise your statement of reasons took 3 months to come so you are still in time to appeal
    In the 2 tribunals i have had they took little notice of Doctors letters i was told the same as you stating he has only wrote down what you had told him in respect of what you can and cannot do
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering

    Hi Tracy,

    The first thing to consider is whether you think the award you were given was incorrect? A really helpful way to try and establish that is using the benefits and work PIP 'self test' https://benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test . If you do, then you need to consider what additional points you think your son should have scored, and decide whether these particular areas of the Statement of Reasons are flawed and/or insufficient.

    I agree with the comments above, that you would be well advised to find a benefits caseworker/specialist to have a look at the Statement of Reasons, as you cannot appeal further simply because you disagree with the findings, there has to be an error of law, and that has to have had a material impact on the outcome of the case.

    Best of luck with it.

    Mary

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland

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