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Court tribunal on the cards

crippscripps Member Posts: 412 Pioneering
Hi family hope you’re doing well, its been a while since my last post, I’ve been up and down for what seems an aufull long time now but with help maybe i can stay up. The reason for my post is I’ve made a appeal against the DWP for my pip, several months ago i was confined to a wheelchair but when i had my assessment the guy that came round put in his report i was able to walk 50 meters or more. As everyone reading this knows something like that is totally nonsense, what im hoping from this forum is does anyone have experience with court tribunals and the best way to go about preparing for the hearing. I know i can appeal again but i want to put all my energy into this one because fighting the DWP has taken its toll and is wearing me down, if you can help please post. Thank you NC

Replies

  • Rosie2017Rosie2017 Member Posts: 49 Courageous
    Hi I waited 11 months for my appeal and could think of nothing else. I contacted the Citizens Advice Bureau and had a lot of help from them. They can also come with you to the Tribunal. In hindsight I don't think you can really prepare yourself for the Tribunal as you have no idea what they will ask. I would read through your form, I am assuming you copied it, before you go to the courts. I found the Tribunal was nothing like the assessment, the Panel were very good to me and put me at my ease. They ask you questions but don't interrogate you and you can wait for the decision and don't have to have another couple of weeks wondering if you won the Appeal. Hope this helps. If you think I can help any more please ask.  I know what it feels like.
  • crippscripps Member Posts: 412 Pioneering
    Thank you for your post it’s helps tremendously, as you say i can’t think of anything else but it’s nice to hear that they treat you well and like you’re human. I’m hoping I’ve got all my paperwork up to date but i am a little worried what the DWP are going to throw into the mix, what do the DWP do at the hearing and have you had any experience with them trying to surprise you with something you don’t know about? 
  • Rosie2017Rosie2017 Member Posts: 49 Courageous
    The DWP don't always attend the hearing, unluckily there was someone there from DWP at mine They only asked me two questions which were pretty straight forward. The panel usually a judge a doctor and a disability advisor ask you the questions but you don't feel they are trying to catch you out. They are impartial and aren't on the DWP s 'side'. Unfortunately my PIP runs out in August and I have already received and sent in a new claim form, so no doubt I will have to go for another assessment even though my Appeal was only last June. Literally dreading it, I would rather go an Appeal!! So I too am back to the waiting game.
  • crippscripps Member Posts: 412 Pioneering
    Hi 👋, sorry to hear that it all seems very unnecessary for disabled people like you and i to go through and to be put under so much stress that we could do without. I don’t know about you but it also seems to me that the DWP are living in a different world altogether, i know they have to dwindle out the con artist but realistically you can tell who’s genuine and who’s not. I do hope things run a little bit easier for you this time and you and get what is rightfully yours the last thing anyone needs is a fight. Any tips on keeping it together while i wait? 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Disability Rights UK publishes a Handbook that gives an outline of PIP tribunal hearings procedure.  £18.50 from Disability Rights site or might be available in your local reference library.

    At my appeal hearing doc asked for how long can I walk not how far.  Don't just give a time as panel might think you can walk farther than you can.  Say it takes you X seconds or minutes to walk Y meters.

    Doc and judge both thought that ability to do a lot of driving indicates high levels of strength and energy.  I said I make only a few car journeys a week.

    Doc asked how far from my front door do I park my car.

    Panel based most of their questions on the 7 day diary I submitted with my PIP application.

    To begin with panel asked questions already answered in paperwork, I think because at first they didn't know what else to ask!

    Panel gave me quite a grilling but did allow my appeal.  They might ask 'follow-up' (probing) questions.  Be confident and stay calm and focused.

    Don't dress up.  All people are very influenced by what they see.
  • crippscripps Member Posts: 412 Pioneering
    Thank you,  all your advice seems very sensible and something i would never have thought about . As you can see this is very new to me and as the post goes on it opens my eyes to the way they think, I’ll look out for the book you’ve mentioned it sounds very interesting and may put me in great steed for the grilling that may happen. It’s a lot easier for me to drive to the court but after reading your post it’s probably best i get the train, I’ve never got the train after being in a wheelchair so even that is going to be a challenge. I don’t know how you have got through all assessments and appeals and stayed sane so doing it again is very unfortunate. Thank you for your advice and if it’s ok with you can i post for more before the big day ? 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I suggest you don't go by train on your own as this would indicate a lot of physical ability.  Driving yourself is OK as long as you don't do long-distance driving.  Taking a taxi would be best unless this would be very expensive.  Though the tribunal will refund taxi fares (within reason) but you'd have to get two quotes in advance.  How far away is the court?

    Feel free to ask more questions.
  • crippscripps Member Posts: 412 Pioneering
    The court from my house is approximately 12 miles, it may be best if i could find someone to take me it’s something I’ll work on if you think this would be best. The whole situation is something that needs planning and thinking through carfully if you’re trying to get what is rightfully mine anyway . Scary really trying to think like they do that’s why I’ve called on someone like yourself . 😀👍
  • YadnadYadnad Posts: 2,856 Member
    Matilda said:
    Driving yourself is OK as long as you don't do long-distance driving. 
    Driving any distance still involves both physical and mental input. You are  likely to have an incident within close proximity to your home than anywhere else.

    I'm not saying that they are right to use driving as an excuse to say that you are not disabled. 
  • crippscripps Member Posts: 412 Pioneering
    I understand what you’re saying I’m just have to be careful whatever i do and say. Scared already and I’m not there yet. 😩
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    My tribunal hearing wasn't as bad as I thought it would be.  Tribunals know that most assessment reports are of poor quality.  71% of PIP appeals win.
  • crippscripps Member Posts: 412 Pioneering
    I hope I’m part of that percentage and you too, pity we can’t go together and give them some stick they wouldn’t know what hit them 😀
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