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Tribunal

amarilo
amarilo Member Posts: 16 Listener
had to move to pip from dla had to appeal and then to tribunal were I was only in 5 mins and told it was adjourned the reason was as follows, Tribunal advised appellant that all points including those awarded are at issue, Another tribunal should be convened with power to remove as well as award point, this decision was made in the interest of justice, I’ve had enough it is so stressful can u advise on what this means 
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Comments

  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    edited August 2019
    Hi,

    Yes indeed,  @ilovecats is spot on, it means that your existing award is at risk if you carry on with the Tribunal and you could potentially lose everything you already have. The reason why they adjourned it is for you to decide what you want to do. Carry on and risk it or take what you already have and cancel the Tribunal.

    Face to face advice is urgently needed here from an advice agency near you before you proceed any further. This link will help you find what's local to you for advice. https://advicelocal.uk/

  • amarilo
    amarilo Member Posts: 16 Listener
    Thankyou for your reply but why are they doing this, I was on dla and full mobility for 8 years and have bad health I’m 67years old why are they doing this 
  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    DLA and PIP are different benefits. I can't comment on why they are doing this because i don't know anything about your case.  I'm assuming you have an existing PIP award?

    Also do be aware that because you're over 65 if you don't already have Enhanced mobility then this will be the last time you'll be able to claim it. If you're not awarded by a Tribunal then you won't be able to put in a change of circumstances to try again.

    Do get some face to face advice before proceeding any further with the Tribunal.
  • amarilo
    amarilo Member Posts: 16 Listener
    Thankyou so much, Yes I changed from dla to pip but they did not give me the rate I was receiving or the mobility part which is why I appealed, but I’ve waited over a year for tribunal and attended! then to be adjourned instantly without a question asked, I can’t take anymore I’m not well, I’m baffled to why and feel I’ve had enough, why do they say remove points as well as reward points nothing makes sense I will ask advice but really don’t feel up to doing that I feel destroyed by it all 
  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    I'm sorry you're feeling this way. It's a good thing that you've had the warning, if you hadn't and they just went ahead then you could have lost the award you already have. One good thing about a Tribunal is they will always warn you if there's a chance you could lose an award/points.

    It's impossible to give any advice regarding this on an internet forum because no one knows how your conditions affect you or anything about your case. I hope you're able to get the advice you need. Good luck.
  • amarilo
    amarilo Member Posts: 16 Listener
     Thankyou in advance, I might sound stupid but could they also award me points as it says? or is this a warning to give up, how do they expect us to manage and why didn’t they deal with it there and then why another tribunal I’m so confused and posting this hopefully to help others too
  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    No problem. It's a warning that you could lose points which may mean you lose everything you already have. Yes, they have said you could be awarded more points but your biggest risk is losing your award because they wouldn't have adjourned it, if there was no risk and you wouldn't have had a warning.
  • amarilo
    amarilo Member Posts: 16 Listener

    Oh I really don't know why, my illness and medical records include everything, I cant do this anymore and I cant go on and risk losing what little I have now, Its making me ill and feel sick thinking about it all, Can you advise how I cancel the next tribunal I really cant take any more of it thankyou again so much 

  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    You will need to contact HMCTS. (Tribunal)
  • amarilo
    amarilo Member Posts: 16 Listener

    Thankyou so so much for your advice, I still don't understand it at all my health problems are extent, I will take your advice and see someone but only to clear my head on the why this as been done to me, Why cant they just say what the problem reason is? so it can be sorted I really cant take anymore and whatever im advised I will still cancel tribunal Im not a strong person for things like this now, I hope anyone else going through this finds this post helpful and please continue to post it helps me so im sure it will help others knowing we not alone Thankyou to ilovecats and for passing it to poppy123456

  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    You're welcome. There could be many reasons why they are thinking of removing some points and as no one here knows anything about your case it's impossible to give any further advice.

    When you go for advice take your bundle with you so that they can take a look.


  • amarilo
    amarilo Member Posts: 16 Listener
    Thanks poppy123456, I have followed your advice to see someone but i have to wait 2 weeks to see them, I still can’t work out the reason are you sure this is a warning that they thinking of removing some points, and is there a way to find out, Also is there a time limit for me to cancel between the tribunals and keep what I have I really can’t do without what I have I’m so stressed  thanks again 
  • poppy123456
    poppy123456 Member Posts: 28,325 Disability Gamechanger
    2 weeks is fine. My advice is correct based on what you said above. You said that "Tribunal advised appellant that all points including those awarded are at issue" My advice is correct based on what you said. When you go for advice they will advise you further.
  • amarilo
    amarilo Member Posts: 16 Listener
    Thankyou will keep posts upto date hopefully it will help others in same situations  
  • Jurph
    Jurph Member Posts: 361 Pioneering
    Can I ask a question?
    When you appealed to HMCTS, did you just query the mobility part or was there something else you questioned?

    For example, did you say you agreed with the points given for Daily Living and we're only appealing against the Mobility component? Or did you add things about the Daily Living that you weren't happy with?
  • amarilo
    amarilo Member Posts: 16 Listener
    Never got chance to say anything at all at the tribunal not a word notice was on table and as said in first post adjourned it, Sorry ref your question on the appeal I did not agree with certain points awarded and there return answers from assessment they twisted them and did not match my claim form which I showed by way of there dwp return answers not matching mine I was not awarded mobility part and couldn’t understand why as some of my original claim form questions were also twisted around So in short my answers and there return answers were twisted 
  • worried33
    worried33 Member Posts: 411 Pioneering
    edited August 2019
    They considering to remove your current points.

    UT's have ruled in the past that if this is been considered an adjournment should happen.

    If your existing award is ok I would seriously consider withdrawing the appeal.  If you decide to carry on, make sure you have a prepared case to justify your existing points.

    http://administrativeappeals.decisions.tribunals.gov.uk/aspx/view.aspx?id=2484
    http://administrativeappeals.decisions.tribunals.gov.uk/Aspx/view.aspx?id=4462
  • amarilo
    amarilo Member Posts: 16 Listener
    Thankyou but I really don't’ understand what would make my points at risk I was on dla and mobility which was increased by a tribunal, but had no choice but to change to pip through new rules thought it would be a simple change over but how wrong it’s not fair and so upsetting and I feel ill with it all, seems they don’t listen to the real requirements of individuals, and there needs, I’m taking advice soon but feel as though  I can’t take anymore I need what little I get and can’t keep fighting thanks again for your kindness it’s so strange 
  • worried33
    worried33 Member Posts: 411 Pioneering
    Also even with the adjournment the UT's ruled that its important for tribunals to not just focus on points removal, if they do only that, then you can probably appeal on error of law if thats the outcome.
  • worried33
    worried33 Member Posts: 411 Pioneering
    I agree in poppy's suggestion for f2f advice if its an option for you, although if they refuse the advice or its poor advice feel welcome to bring your information here.

    Can I ask what award the DWP gave you?  Also what award are you specifically asking for?

    If you dont know these two answers you really need representation, as going into a tribunal without assurance of the law and that tribunal is considering to remove your points will be very tough.

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