PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

What can I do to convince the tribunal?

GinaHGinaH Member Posts: 5 Listener
edited July 2018 in PIP, DLA and AA
I have fibromyalgia and have been turned down for pip, I was reluctant to apply but was urged to do so by many health professionals, I regret this as it has been the most stressful thing I have ever done, I am now going to tribunal because the person who did my assessment had no understanding of this chronic condition and basically lied, I was so upset at what this person said about me I became suicidal and have just finished a course of cbt. Which helped me to cope with the bad feelings I had but now it's all come back and I am in bits, I have to go to the tribunal tomorrow and am terrified I have not slept and am in agony, what can I do to convince the tribunal that I am not lying I feel so alone.

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    edited July 2018
    Hi @GinaH and a big welcome to the community! There are boards about PIP which you may find useful. We all wish you the best of luck with the tribunal!

    Many people find this a difficult process so you are not alone in this.
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Disability Rights UK site has a good guide to PIP appeals.  And you can buy the Disability Rights Handbook from the DR site for £18.50 or it might be available in your local reference library.
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @GinaH, the best thing to do is try and stay as calm as possible, just be honest about your conditions and how they effect you.

    The tribunal is scary but i do hope your successful.

    Good luck for tomorrow and please let us know how it goes 


  • GinaHGinaH Member Posts: 5 Listener
    Thank you all so much, I will let you know how it goes.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    @GinaH I have recently been to tribunal and I can try to give you advice. I got a bit flustered and annoyed and felt that they were dictating the meeting to me when I had prepared so much in writing that I wanted to say. They fired questions at me one after the other and I should have allowed myself to take a breath and take more control of my answers. It felt like they were trying to trick me into saying the wrong thing but I’m sure that was my anxiety coming to the fore. I didn’t get a proper chance to explain how much my physical issues with chronic pain (now fibro) affected me I’m terms of safety and I feel that being able to do that calmly and clearly providing examples day to day would have been the way to evidence my need for pip daily living. That’s really important for physical conditions. They asked about input from other professionals or other aids and adaptations I may have to help me. I didn’t have any and I saw that as a negative in my answers. I don’t have aids because my son helps me all the time I’m the kitchen etc. I fumbled a bit and said I could make a sandwich when I’m on my own which seemed to go against me. Like okay then you can cook. In reality I rarely make a sandwich but buy a prepacked one or other such premade snacks as it’s easier for me and safer for me and it helps me to eat properly. I didn’t say that as I was flustered. I also stumbled on them asking me what does my day look like. I just felt under pressure and made it as simple as possible which sounded like I just lay around reading or watching tv which I do not. I had it all written down in front of me but I panicked and did not read my notes. So please look at the reasons why you are disputing the points you were given and please give real examples of how your issues affect you every day and most of the time. I just wanted the meeting over with even though it was very important to me as I was stressed out. The people are just trying to gather the facts and measure them against what you say how you are and what’s on paper. Do not let them rush you through as it’s your time to make your points. 
    I was awarded the basic rate for mobility for my mental health issues which limit his when and where I am able to travel. I got zero for daily living which was very disappointing. But it’s something over nothing. My award is only for two years one backdated so knowing that now I could have emphasised  how long my condition would not improve over time and in fact would become worse over time or has become worse over time which has been the case and provided evidence to support this clearly and concisely. 
    I hope that you have someone to go with you even a family member or friend as that can count in your favour as being able  to travel independently among other things. I had a WRO with me and that was very helpful, I told them to make sure to speak up on my behalf if I missed anything or they had more to add which they did. I could not have gone by myself and I’m glad I had support. 
    You can try to emphasise how your condition is affecting you and will continue to affect you in the coming years as long as you can provide examples or evidence to back it up. 
    You must have good reason to be at this stage and you deserve to give it your best. 
    Thats easy for me to say now I’ve done it. 
    PS whatever notes you do take, leave spaces for pausing and thinking the next part over. This may help you to relax more. 
    Good luck !
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The tribunal are interested in what you can and can't do.  My panel gave me a grilling but they did allow my appeal.  Most of their questions were based on the 7 day diary I submitted with my PIP application.

    If they ask for how long you can walk rather than how far say it takes you X seconds to walk Y meters.  Don't just give a time as they might think you can walk farther than you can.  DWP think 45 seconds to walk 20m is very slow walking.


    My my panel thought ability to do a lot of driving indicates strength, energy and manual dexterity.  I told them I only take a few short car journeys a week.

    They also asked questions that had been answered in the paperwork.  I think because they didn't know what else to ask to begin with.
  • GinaHGinaH Member Posts: 5 Listener
    Thanks Matilda this is very helpful I was worrying about the walking as some days I can't walk 5 metres and have to rest if I walk from one room to another, your advice was very helpful. X
  • GinaHGinaH Member Posts: 5 Listener
    Hi Debbiedo49 thanks for your advice it is really helpful you have covered all the things I was worrying about, my two daughters are coming with me so I feel a little more calm, I hope it goes well I just want it to be over it's stressing me out. I will let you know the outcome thank you again X
  • YadnadYadnad Posts: 2,856 Member
    GinaH said:
    Thanks Matilda this is very helpful I was worrying about the walking as some days I can't walk 5 metres and have to rest if I walk from one room to another, your advice was very helpful. X
    Yesterday I walked the best part of a mile on level ground but had to stop 8 times to alleviate the pain in my legs and hips. I have no idea how long it took as I don't go round timing myself. So in effect I walked approx 200 metres before stopping. 
    However for most of that time I was pushing through the pain barrier until it became impossible to move any further.
    Since then I have had to rest today to recover.

    In my previous PIP award I was adjudged by the DWP as not being able to walk more than 20 metres based on tests carried out in the hospital with the Spinal Unit on their traction machine..

    The PIP descriptors have a meaning of their own and have no bearing on the total distance I physically could walk. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @GinaH just to let you know that the whole community is behind you and we hope the tribunal goes well! Please do let us know how it goes :) 
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
  • GinaHGinaH Member Posts: 5 Listener
    I have just got back from my tribunal and I won only the standard rate but it will help me so much, thanks for all your comments they helped and supported me today thank you all very much X
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Well done, @GinaH.  At least you've now got some PIP.
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @GinaH, congratulations 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @GinaH so glad to hear this and thank you for sharing this with the community!
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Congratulations and look forward to your backdated money yay!  It can take a few weeks but its worth the wait.
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • Annabelle26Annabelle26 Member Posts: 103 Pioneering
    Good luck.  I too am waiting to go to a Tribunal about PIP for various medical conditions.  When I went fro my medical assessment the Assessor basically decided after 20 mins there was nothing wrong with me & I lost my DLA & was not awarded PIP & the DWP took her report at face value.  I also have another Tribunal because I lost my ESA because I had gastroenteritis &  took medical advice was advised to isolate myself.  But because I missed the appointment & had to change 2 previous appointments as they were at unsuitable times the Decision Maker at the DWP decided I was evading  the medical process & stopped my ESA & told me I had to claim JSA if I wanted any benefit.  I am really finding the waiting really stressful & wish they would hurry up.  I have a WRO & my MP backing me but they can do nothing more until we have dates.
  • Lucysam25Lucysam25 Member Posts: 35 Connected
    Hi everyone  I have just put my appeal in  for pip  to go the courts  can I tell you about my nephew  he was born premature he weighed 2llb 40z Like me Ibut story  that he got no points  on all of the PIP questions he has cp paralysed down one side  of his body he has been  working  from the age of 16 & still working  now he is now 29 he thinks  he's been  penalised  He got the job from The shaw trust  foundation  so he doesn't  think he should appeal.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    PIP is payable to people who work as long as the work they do does not contradict the descriptors they claim for.  Ask Scope helpline or CAB for advice.
Sign in or join us to comment.