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PIP Tribunal help!

debsnmdebsnm Member Posts: 1 Listener
edited December 2018 in PIP, DLA and AA
Hi Everyone,
I am new to the group and in need of support, please.
My son's PIP tribunal date is in 2.5 weeks time. My son is 17 and has ASD.
I have many concerns and questions about the tribunal; too many to list but off top of head.... I am reluctant to bring my son to the hearing as I don't think he can handle it (I am his appointee, but will it help to bring him, even if his mental health cannot handle it?), I don't have an advocate, how long are the proceedings/I have a lot to say (i.e. want to go thru each dechiper...is there time??) and I am scared that I won't be properly perpared for 'court'. Any advice would be appreciated. Thanks so much!

Replies

  • Christine TempestChristine Tempest Member Posts: 3 Connected
    Hi
    the tibunal people one will be a GPs one will be a disabled person and one will be the head of tribunal similar to. A judge but its. Not as bad as you think they will sit across a table and just ask you about how the illness affects them and any medical advice or notes you have to prove what they struggle with and what evidence you have they are not out to be on anyone's side they just want evidence to show how bad his condition affects his daily life and care and mobility needs I have been to tribunal. Myself and found them sympathetic but you must take as much evidence with you as you can even use a dairy daily to say. What his needs are on a daily basis which gives them an insite into what help he needs  they will tell you straight away after the tribunal what they are awarding you just try explain things clearly and give them any evidence to back up what you are saying and you will be fine  good luck 
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Posted by our esteemed @mikehughescq

    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.



    Be all you can be, make  every day count. Namaste
  • mikehughescqmikehughescq Member Posts: 5,415 Disability Gamechanger
    To clarify. The tribunal consist of a judge; a medical professional (not necessarily a GP) and a person with experience of disability. You’ll normally be listed for one slot, which is 45 minutes but how long it actually lasts depends on lots of things. The bench encourages tribunals to not give decisions on the day. Most will try to do so but it depends on how late you’re running; how aggressive the tribunal think you are etc. If you have any additional evidence to submit it needs to go in now rather than on the day and you have a much better chance of winning if you have a representative from somewhere like a local law centre, local authority welfare rights, independent advice centre etc. 

    There is guidance on whether children ought to attend but it’s arguably more relevant to younger children. You run the risk that if he doesn’t attend the tribunal could adjourn because they wish him to do so. 

    You may well have a lot to say but it’s better to say it in writing. On the day there’s 45 minutes and the tribunal are inquisitorial. They will have no time for a speech and are experienced at asking questions which pull out the relevant information in the shortest amount of time. You will seriously antagonise the tribunal if you attempt to try and ductate how the tribunal is conducted or insult you are heard in full. 

    Take good note of the points @CockneyRebel has pasted from a previous post of mine. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Disabilty Rights UK publish a Handbook that gives a good outline of PIP tribunal proceedings.  £16 from DR site or might be available in your local ref library. Helped me win my appeal. PIP appeal hearings are inquisitorial.  The panel are there to find out what the appellant can and can't do.
  • mikehughescqmikehughescq Member Posts: 5,415 Disability Gamechanger
    I can guarantee the DRH has none of the 10 practical points listed above. It has 7 sides on appeals which is a lot to pay £16 for. Only a small proportion of that relates to what happens on the day. 
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