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How to answer questions in tribunal hearing
TheRiverKelvin
Member Posts: 8 Connected
I've made an appeal for my PIP application and am waiting for the date for a face to face hearing. I'm sure a lot people feel the same when I say the process of the application, assessment, answering uncomfortable questions and explaining how unwell you are and then finding out you have been deemed fit for work is exhausting and demoralising. So I wanna do this hearing right.
I have ASD (not yet diagnosed), dyslexia, anxiety, Mearles Irlen Syndrome and depression. These are all things I put down to claim for. I struggle with communicating with others, especially in intimidating situations like the work capability assessments. I struggle to explain myself, to think of the correct words to say and to understand fully what the other person is saying. I had a huge issue with my work capability assessment where I felt so intimidated by how the questions were being asked that I ended up answering only yes or no so I could get out of there asap. Even worse was I started answering the questions to how I thought the assessor wanted them answered because I was so confused and forgot why I was in there. So I didn't explain my problems properly leading to the assesor deeming me fit for work.
I'm scared I make the same mistakes again with the tribunal. I've watched a few videos on youtube and they look like they will make me feel intimidated again and anxious. The build up of anxiety leads me to not thinking correctly. I want to get the points across of why I can't do or need help or prompting with certain things.
What I'd like to know is how do I do that? How do I answer their questions? Do I explain the difficulty and tell them which condition is the cause of the difficulty and give them examples?
For example,
"I cannot cook a simple meal using a cooker because I feel light headed and can faint from the heat from the ovens and stoves due to sensory hypersensitivity because of my ASD."
"I need prompting or assistance to make basic budgeting decisions as I lack understanding of money and cannot do sums in my head or on paper due to my dyslexia."
So the answer contains what I can't do, then the reason why, then the cause of the difficulty.
Is this overload? I don't understand how I let those that make the decisions on my benefits know why I can't work.
Apologies for the long post. Any help is appreciated, thank you.
I have ASD (not yet diagnosed), dyslexia, anxiety, Mearles Irlen Syndrome and depression. These are all things I put down to claim for. I struggle with communicating with others, especially in intimidating situations like the work capability assessments. I struggle to explain myself, to think of the correct words to say and to understand fully what the other person is saying. I had a huge issue with my work capability assessment where I felt so intimidated by how the questions were being asked that I ended up answering only yes or no so I could get out of there asap. Even worse was I started answering the questions to how I thought the assessor wanted them answered because I was so confused and forgot why I was in there. So I didn't explain my problems properly leading to the assesor deeming me fit for work.
I'm scared I make the same mistakes again with the tribunal. I've watched a few videos on youtube and they look like they will make me feel intimidated again and anxious. The build up of anxiety leads me to not thinking correctly. I want to get the points across of why I can't do or need help or prompting with certain things.
What I'd like to know is how do I do that? How do I answer their questions? Do I explain the difficulty and tell them which condition is the cause of the difficulty and give them examples?
For example,
"I cannot cook a simple meal using a cooker because I feel light headed and can faint from the heat from the ovens and stoves due to sensory hypersensitivity because of my ASD."
"I need prompting or assistance to make basic budgeting decisions as I lack understanding of money and cannot do sums in my head or on paper due to my dyslexia."
So the answer contains what I can't do, then the reason why, then the cause of the difficulty.
Is this overload? I don't understand how I let those that make the decisions on my benefits know why I can't work.
Apologies for the long post. Any help is appreciated, thank you.
Replies
I was asked if i could drive my car when i said my daughter now drives as i only drive ocassionaly . Due to numbness in my hands they then asked if i had contacted dvla i said i hadnt as i still want some i dependance. Again i didnt say on a good day i could manage to drive. I assumed they would be aware fybromialgia is a variable condition . they asked about my medication and if i forgot to take it i said i do forget a lot of things they then asked what meds im on because i thought abt it i was able to tell them what i take and he mls They said my memory was fine as i cld quote meds I was awarded 0 points. The rep from cab said he could not believe i got turned down.
Dont know what to do now
It seems to me that you have the right idea. What I'd do is find the activities and their descriptors (look on citizen's advice website) and then go to https://pipinfo.net/
Read all the stuff in "Issues", and pay particular attention to "Reliably".
Go to
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/help-with-your-claim/fill-in-form/
and go through each activity. They list a lot of questions to ask yourself when figuring out how to answer.
That link for the Pip Info website you gave me looks very good. It looks very worth while to read through that in prep for the oral hearing. I don't know how to word a lot of the issues I have but I see a lot of wordings on that site that fits my situation so i can use those .
Very useful site, thanks very much!
Sorry to hear you weren't successful in your hearing. It sounds like you answered in a very similar way to I did during my work capability assessment.
You can appeal a second time though. Using the info from that website PIP Info could be useful in knowing what info the tribunal are looking for and how you should answer your questions.
Good luck if you do decide to make a second appeal
There is no point in reading up on how to give the right answers to a Tribunal is wrong. What they would want to know is the truth that relates to the claimant.
It's not just about telling the truth. It's the way you tell that truth and making sure you don't miss out other important facts in your answers.
Wording your answer in a certain way and making sure not to miss out anything important can be the difference in winning and losing an appeal. Especially if you have an disability that is hidden and varies like mine.
I'm not suggesting anyone lie.
I have to disagree with you, researching the activities and descriptors to prepare how you will answer is not wrong.
But can you tell me why you think I shouldn't say I have ASD? Do you think it would have a negative effect in my hearing?
Although I'm waiting on an assessment for diagnosis I feel confident that all my symptoms are due to being on the spectrum. With all the research I've done and other people on the spectrum I've met I'm confident I am on the spectrum. So many others on the spectrum are confident in self diagnosis due to overwhelming evidence pointing to ASD. They are quite specific sets of symptoms.
I thought I should say which illness/disability was the cause of the difficulty to back up what I was saying. But maybe this isn't necessary.
Iv worked all my life and would be happier to still be able to work it just goes against the grain to have to prove to people just how debilitating fybromialgia can be it varies so much . I will go for second appeal Thanks again
I know a diagnosis won't get me the award. That's not why I am seeking a diagnosis. Nor did I say so.
Although I have not been diagnosed it doesn't mean I don't have the condition. The symptoms are very much there and effecting me every day. It's the main reason I cannot work full time and need support and the reason I am appealing for PIP.
"It's not easy being diagnosed with this because it's got very specific criteria and the assessment process itself can take many many months." - I don't know why you told me this when I didn't ask for advice on ASD assessments. It sounds like you are speaking from hearsay rather than your own experience and I don't need to hear this. An ASD assessment being difficult and taking "many many" months is just opinion and not fact for all individuals seeking diagnosis.
I came here looking for support and help on how to communicate my difficulties to a tribunal hearing effectively. I didn't ask for pessimistic, negative questions and comments. Please keep those to yourself
Yes, thank you.
As you say it's how the symptoms effect me day to day that's important so it seems pointless in naming the condition causing the symptoms in my answers as it's not needed.
Thank you, I know now I don't need to go into explanations of the symptoms which should make the hearing easier and quicker.
Thank you for your advice!
My advice was from experience and not from hearsay!! having been through the whole process with my daughter and it took me 14 years to get that diagnosis. The whole process is still fresh in my mind in fact because we only had the diagnosis at the end of June. I never once stated that my daughter had ASD until we had the diagnosis, i'm not even sure why you would do that. A diagnosis takes months from start to finish and that is also from experience and not hearsay, as you stated it was.
The reason I advised is because naming a condition that you haven't been diagnosis with is wrong. Concentrate on how your condition affects you during your Tribunal because that's what they'll be looking at.