Tribunal date finally arrived! — Scope | Disability forum
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Tribunal date finally arrived!

PIPnewbie
PIPnewbie Member Posts: 298 Pioneering
edited September 2019 in PIP, DLA, and AA
My partner’s date for tribunal finally arrived after waiting a year.  It is the week after next so some time to prepare.

We are sure we put on the form that she wants to represent herself but now the letter has come she would like me to speak instead.  Is it possible to change this detail over week in advance?

@poppy123456 @Adrian_Scope ?
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Comments

  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    Hi,

    It won't be possible for you to speak on her behalf. The panel will want her to tell them in her own words how her conditions affect her. Even with representation she would still need to speak for herself. The time it could happen is if someone was her appointee and they could speak on her behalf.

    They may ask you at the end if there's anything you want to add. Good luck and let us know the outcome.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Hi,

    It won't be possible for you to speak on her behalf. The panel will want her to tell them in her own words how her conditions affect her. Even with representation she would still need to speak for herself. The time it could happen is if someone was her appointee and they could speak on her behalf.

    They may ask you at the end if there's anything you want to add. Good luck and let us know the outcome.
    I think that’s what I’m referring to, being an appointee.  

    How does one be an appointee?  Did it need to be done well in advance.
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    edited September 2019
    You can only be someone's appointee if they don't have the ability to manage their own finances because they are mentally incapable or severely disabled. Becoming an appointee to be able to speak on their behalf for a benefit claim isn't possible.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Oh no :( I thought it was possible for me to speak for her because she gets such anxiety about these things
  • xxjoxx
    xxjoxx Member Posts: 8 Listener
    Hi i was asked to be my son appointee as his mental age is alot higher. Im just writing my tribunal letter up what things did you add could i ask pls
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    xxjoxx said:
    Hi i was asked to be my son appointee as his mental age is alot higher. Im just writing my tribunal letter up what things did you add could i ask pls
    That will totally depend on how his conditions affect him You can't compare someone else to your son because their conditions maybe totally different.

    You need to state where you think he should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time he attempted that activity for each descriptor that applies to him will also help.

    If you're still unsure then i'd advise you to get some face to face advice from an agency near you and they will help you.

  • xxjoxx
    xxjoxx Member Posts: 8 Listener
    @poppy123456 thank you so much for reply. Ive started to do this write next to the points thank you for your reply. Such stress that isnt needed
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    PIPnewbie said:
    Oh no :( I thought it was possible for me to speak for her because she gets such anxiety about these things
    I'm sure everyone gets very anxious during a Tribunal hearing, that's perfectly normal, even those that don't suffer with anxiety. If she does have anxiety then the Tribunal will totally understand. If she's asked a question and she doesn't understand it or she didn't hear them then she should ask them to repeat what they said.

    They are completely independent to DWP and the health assessment providers and are there to listen to her.

    The Tribunal will want her to speak for herself because she's really the only person that knows exactly how her conditions affect her. Tell her to try not to worry, you'll be there to fully support her. Lots of people post here that there Tribunal hearing wasn't as bad as they thought it was going to be.

    If she's not told the decision on the day then don't panic because this can happen too and it doesn't mean she's not been successful. They will write to her within a few days with the decision.

    Sometimes they also adjourn it for various reasons but this doesn't always happen. If there's any chance of losing points she previously scored then they will warn her and adjourn it.

    Hopefully she'll be in those 74% of people that have a decision in her favour. Good luck and let know.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Thank you so much for your help and kindness @poppy123456

    With the Tribunal, is it best to prepare for these things or just speak honestly based on what’s asked?

    Do they go through every single descriptor like at the PIP consultation?

  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    You're welcome. You should have already prepared for it by presenting your girlfriends case with her submission. Any extra evidence that needs to be sent should have already been sent to arrive no later than 10 days before the hearing. Taking any extra evidence with her on the day risks them adjourning the hearing because they may not have time to read all of it.

    The questions they ask will totally depend on her case.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    You're welcome. You should have already prepared for it by presenting your girlfriends case with her submission. Any extra evidence that needs to be sent should have already been sent to arrive no later than 10 days before the hearing. Taking any extra evidence with her on the day risks them adjourning the hearing because they may not have time to read all of it.

    The questions they ask will totally depend on her case.
    Do they ask what she disagrees with about her decision?
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    She should have already sent her submission to state where she thinks she should  have scored those points, has she done this? A Tribunal is all about presenting your case before the hearing. The hearing is just for extra information they need.
  • robyn12
    robyn12 Member Posts: 3 Listener
    i had my tribunal hearing last year and can honestley say it was ok the doctor was lovely the judge well i think she was a judge was spot on even the lady from the dwp was nice
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    She should have already sent her submission to state where she thinks she should  have scored those points, has she done this? A Tribunal is all about presenting your case before the hearing. The hearing is just for extra information they need.
    Yeah we did all that.  But it was 9 months ago so difficult to remember.

    She is thinking of asking for an extra letter to send in from her pain specialist doctor.  It has to arrive at the courts 10 days before her hearing correct?
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    Everything that was sent should all be in her bundle, which she should have read through when she received it. She also needs to take it with her on the day.

    Yes, evidence must arrive no later than 10 days before but any worsening of condition will not be taken into consideration. They will only take into consideration what her condition was like at the time the decision was made.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    Everything that was sent should all be in her bundle, which she should have read through when she received it. She also needs to take it with her on the day.

    Yes, evidence must arrive no later than 10 days before but any worsening of condition will not be taken into consideration. They will only take into consideration what her condition was like at the time the decision was made.
    She has just prepared 5 different letters that corroborate all her difficulties that she put in her original claim.

    Should she attach a cover letter explaining why she’s sending in the further evidence and where she believes it corroborates her difficulties with certain descriptors?
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    @poppy123456

    Sorry, not prepared, found.  She found 5 different medical letters from within the past year that all back up what she claims.

    Also, her letter says evidence can be submitted up to 7 days before the date.
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    It is recommended no later than 10 days before the hearing, this gives them chance to read it before the day. To be honest, all this extra evidence should have been sent a long time ago.

    Also be aware that sometimes less is often more. You must also be very careful that one piece of evidence doesn't contradict another.
  • PIPnewbie
    PIPnewbie Member Posts: 298 Pioneering
    It is recommended no later than 10 days before the hearing, this gives them chance to read it before the day. To be honest, all this extra evidence should have been sent a long time ago.

    Also be aware that sometimes less is often more. You must also be very careful that one piece of evidence doesn't contradict another.
    Nah it doesn’t contradict anything. It’s been checked thoroughly.

    The evidence is ready to be sent tomorrow so will arrive 9 days before her date.  Will that be okay?
  • poppy123456
    poppy123456 Member Posts: 31,476 Disability Gamechanger
    that will be fine.

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