PIP, DLA and AA
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Advice about PIP tribunal please

Georgeg93Georgeg93 Member Posts: 21 Connected
edited August 2018 in PIP, DLA and AA
hi my pip got stoped i was on the enhanced rate i suffer depperesion extreme anxiaty i selfed harmed and took overdoses and in and out of hospital regularly had to get operations due to self harming and now done too much damage that i have tendon and nerve damage i had a change of circumstances so had to go to another medical the application i vot i filled it in wrong from the first time the questions i amswerd diffrently i struggled with it because i cant concemtrate and filled it out wrong i have my tribunal next week and im a nervouse wreck i struggle to look after myself on daily living and cant leave the house i am wanting help to know if the questions i answerd wrong on the application can i fix at the tribunal because i dont think i will win i am constantly in hospital even worse now since being stopped by pip the assement i got i disagree with aswell they said i look well i didnt in my eyes they said i was good weight i put on two stone over a year from not eating the right things because i cant cook so i just eat sweets or order out i have no motavation to do it plus my injuries they said i have good eye contact even though i looked at them once i never had good eye contact in general i dont think i had a fair examination my tribunal is in 6 days so would appreciate as much help and tips as i can get i am really woried about it thanks 

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @Georgeg93   Pleased to meet you welcome.

    Thank you for sharing.  Sorry what has happened. I know and do understand what you are going through. As many members of our community do.

    They might be touch so will a member of our team.

    I can say please have a look at our advice on the website.  Talk about PIP and DLA.  To reassure you lots of posts and comments from members. Who have had similar experiences.

    Please can I also advise with any benefits speak to CAB for form filling in and they have other advice, knowledge that they could help and advise you with.

    I am concerned that you need some help and support with your mental health and other issues.  Understand and how hard this is. I live on my own have mental health issues.

    If you feel suicidal or need to talk to some one please talk to the Samaritans or look at MIND  website. I hope that helps.

    The community is here ready to listen and I know you are anxious. I have been to several tribunals and all I can add it is always a good idea to have some one with you.

    I apologise if you can not get anybody.  Might be worth having a look at CAB Website a lot on there plus our own.  Another one is DWP have a look.

    I believe they normally issue a booklet. With the tribunal procedures and what to expect.  Unless that has changed.

    Wish you the best for a successful outcome. We are all here to support you.

    Please take care

    @thespiceman


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  • Georgeg93Georgeg93 Member Posts: 21 Connected
    i am taking my sister i have sent letters from social work and previouse discharge leters from the hospital for proof i am just worried about the form i filled out answered the questions diffrent from the first time applying for pip would i be able to correct them at the tribunal because  in the dwps eyes i should not be on pip due to answering the questions diffrent from the first allocation but i had support filling it out the first time. this time i did it on my own which i struggled to do 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Georgeg93 and a very warm welcome to the community! I am sorry to hear this. I hope the community is able to offer you support and guidance about your tribunal and we all wish you the very best of luck!
    Scope

  • Georgeg93Georgeg93 Member Posts: 21 Connected
    just dont know what to expect would live some advice about what will happen when im there really dont want to go because if my anxiety
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Georgeg93, great to meet you! 

    I'm so sorry to hear you're feeling anxious- the tribunal process can feel really overwhelming, but hopefully we can help. I'm sure our community members will be able to share their experiences with you, and you may also find Scope's guidance on appeals helpful. Please do keep us updated!




  • mikehughescqmikehughescq Member Posts: 6,592 Disability Gamechanger

    You can always explain what happened with the form on the day although really you have had enough time to do this in advance of the hearing so don’t expect to be able to fix this without there being some hard questions. I would also seriously consider whether or not you need a proper representative. Your sister may be detrimental to your case if she’s not clear on what she can or can’t do on the day.

    You can be 

    - a representative - you don’t talk for the appellant because they’re there but you do get to outline what award you’re looking for and what the legal case is as well as pick up on any issues the tribunal or appellant miss or misinterpret.

    - observer - sits away from the tribunal but you are watching only. You do not and cannot take part.

    - witness - you give your own evidence to support the appellants own case. You don’t get to comment on anything else. You watch silently, do your bit and you’re done.

    - appellant - the person making the claim being appealed. The only person allowed to present their evidence and answer questions on it unless they have an appointee. 

    Most family members struggle to be observers as it’s hard to be silent. They struggle to represent as they don’t know enough of the law, case law or guidance and confuse the role with speaking for the appellant and get shot down in flames to the detriment of the case. They often make poor witnesses as they haven’t been prepared by a rep and want to rehear the whole case instead of focusing on what they know. 

    The temptation to talk for any appellant needs to be resisted. You’ll always get people saying “but...

    - they’re not articulate.

    - they’re nervous.

    and many other arguments. Bottom line - nothing makes the case for the consequences of someone’s ill health better than a poorly appellant. 

    The other side of having representative is that, as you’ll read on here, people get incredibly stressed with the process; what comes when; what letters mean; what is good evidence; what will happen on the day. A good rep explains all and covers all the bases. It’s typical that people think representation is just about what happens on the day and the outcome. That’s about 10% of what gets done. A good rep should also keep you off web forums (seriously). All your questions should be answered by them. If people come on here because they need answers and they have a rep. that is concerning. 

    Now, having said that, tribunals are inquisitorial so it’s perfectly possible to win a case without a rep just as it’s equally possible to lose a case with a rep. However, a badly presented case can win with a decent tribunal but won’t with a poor one People who have won without representation tend to almost always ascribe this to something they did rather than the skill of the tribunal pulling out what was relevant. Having seen tribunals over three decades, including many times as an observer, it’s almost never the case. I’ve never yet heard of anyone unrepresented winning two tribunals for themselves. 

    Finally, don’t confuse an organisation with a good reputation as meaning all their reps will be good. Good organisations have bad reps. Reputationally poor organisation have good reps. How can you tell? Walk away from anyone who wants to tell you their success rate? It’s a fave tactic of organisations that charge but also of inexperienced or renegade/boastful reps. That tells you that they’re either lying or cherry picking only cases which are clear cut winners and probably would be anyway with a decent tribunal and without them. Good reps do not guarantee a win but they will take in winnsble cases rather than likely winners and they’re the more likely to turn a marginal case into a winner. They’ll also know their law, case law and guidance and be able to cite it but in plain English. 

  • Georgeg93Georgeg93 Member Posts: 21 Connected
    i have managed to get a disability advisorvto come to my tribunal will they be any help
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