Tribunal advice

jennyrennyjenjen

Any help and advice regarding tribunals would be very welcome.

jennyrennyjenjen

probably posted this in the wrong place!!

Richard_Scope

Hi @jennyrennyjenjen

Welcome to the community and great to meet you! What benefit is the tribunal for and we will try and help?

CaraLee

Welcome to the community @jennyrennyjenjen it's great to meet you!   
Or wonderful community has lots of people with all kinds of knowledge and experience so I am sure somebody will be able to help. Dependent on what benefit the tribunal is for there may be some useful information here on scope or it may be worth contacting citizens advice to see if they can assist you. I have attached a link to a video regarding preparing for tribunal and the page here on scope with more information, hope this helps. 
https://www.scope.org.uk/support/disabled-people/benefits/appeals https://youtu.be/tIHjSpNNbQo   

jennyrennyjenjen

@Richard_Scope hi, its for PIP. Now my son is 16 and now classed as an adult, he's moved onto PIP. He has been awarded enhanced for care but had his higher rate reduced to standard for mobility.

CockneyRebel

Posted by @Username_removed

Concentrate wholly on what you were like on the date of claim.

2) There are no “trick” questions. Tribunals are usually listed 20 minutes apart so, apart from the appeal papers, they need questions which cut across lots of functions. So the car question is brilliant because it indicates grip; mobility; dexterity; the ability to do something repeatedly; concentration and stamina. Instead of thinking negatively about such stuff think about what they’re getting at and your answers will be much better and more detailed. Similar questions include whether you’ve been on holiday recently. It feeds into mobility (getting across an airport); stamina; the ability to cope alone; the need for aids and appliances.

3) There are no set rules or order for a hearing beyind the requirement that it must be seen to be fair. 

4) Watch the judge’s pen. All three members may take notes but only the judge writes a record of proceedings. If you don’t want them to miss anything then remember that they can’t write as fast as you can speak, so watch their pen and slow down. Don’t worry about going too slow. They will tell you if you do.

5) Never interrupt any tribunal member. It is perfectly okay to challenge them provided it’s not rude or aggressive. However, think about whether what you’re challenging them on is directly related to points. If it’s not then better to focus on points. This is especially important because loads of people second guess the demeanour of tribunal members as determining whether they are pro or against and it’s largely nonsense. An aggressive, challenging member may well just be a poor communicator and wholly on your side right up to the point you challenge them etc.

6) Get yourself a representative and travel to the venue by whatever means makes you feel comfortable. It’s only ever an issue if you don’t explain what you did in full and if doing so contradicts your other evidence in some way for daily living and /or mobility.

7) Same goes for clothes. You need to wear whatever makes you feel comfortable and relaxed. If you’re not relaxed then the likelihood of you presenting well are much reduced. Dressing down is not a good idea unless that all you can afford. A person who feels naked without make-up or a suit abd tie will similarly be over stressed if they try to pretend they’re in their comfort zone dressing down. 

8) Other people’s tribunal experience can be valuable but it’s just that. Their experience. If they lost then it’s the tribunal to blame. If they win they everything they did is why they won and what you must do. The truth is usually very much in between.

9) Know your case. What points are you going for and why. What’s your evidence? “The HCP was a liar” is neither evidence nor a winning strategy. Also, know the appeal papers. What’s where. 

10) Do not be tempted to claim you’ve worsened since the date of claim. That’s a recipe for a failed appeal and an invitation to make another claim. Even if you have got worse always concentrate on your date of claim and what you were like then.

BenefitsTrainingCo

jennyrennyjenjen,
I don't have much to add to Mike's excellent advice as forwarded by CR (thank you CR & Mike)! The best way to prepare is being very sure what points you think should have been awarded and why. Remember the mobility component of PIP has a different test to DLA, so you need to show why your son should get the enhanced mobility component under the PIP test (evidence used in the DLA claim may be relevant, but it all depends on the circumstances).

You can use the PIP self-test to check where you think your son should have scored points for mobility, to make sure they add up to at least 12. I'm assuming that you've already requested a mandatory reconsideration of the decision, but if not, that is the first step. 

Attend the tribunal if at all possible (with your son). If it's not possible, explain why. There is a new online service for PIP appeals in England and Wales but don't feel that you have to use it, unless it's a route that you feel would be accessible for your son and give you and him a chance to put your case.

The tribunal is mostly going to want to talk to your son, not you, and not the representative. However, a lot depends on the nature of your son's condition and whether you are his appointee (if he's not able to speak for himself, for example, then you will be answering the questions but the tribunal would still be observing him). As Mike says above, know your case, and what is in the appeal papers. Ask for the DLA evidence to be included if you think it will be helpful (you should be asked whether you want this).

Good luck, and if you have any other specific questions, do ask.

Will