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PIP tribunal, errors in law

Catalonia13

Morning,
Could any one tell me please, at my Tribunal last week (appeal refused) I was not given the opportunity to speak myself, only to answer their questions, I was not asked if I wanted to raise or talk about anything, or refer to any of the papers etc.
I did not know at the time that I should have been.
Is this an error in law or has the judge erred in law?
Thanks,
Linda

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Comments

Jurph

I'm sorry about your tribunal. That must have been tough.

Have you asked for a Statement of Reasons?

I'm not sure you'd be able to use not speaking for yourself as an error of law as technically you did that by answering the questions.

Catalonia13

I have requested the Statement of Reasons.
I did speak as answered all their questions (I found it quite hostile), but, I was not given the opportunity to rasie any points myself or refer to any of the papers in the bundle, like the submission from my advocate or supporting letters etc.

Catalonia13

after another question about a holiday this year from the DWP rep (it was the 2nd question by the judge at the beginning) the judge laughed out loud when I said it's all inclusive, it is a total respite for me and worth £300, she said "£300? I must be going on the wrong sort of holidays then" and with that wrapped it up real quick, "right, a decision will be in the post, goodbye" end of!

Jurph

What do you mean by DWP rep?

I certainly understand why you're annoyed, I'm just not sure it'll be considered an error of law. The statement of reasons might shed some light.

The things you wanted to refer to were in the bundle which they used as evidence in the decision.

Did the tribunal award any points that you didn't have before? Or did it stay the same?

Jurph

Has your advocate been informed? Can they help?

Catalonia13

there was a rep there from the DWP , she sat beside me
I would have liked to have been given the opportunity to refer to papers in the bundle, I was not; things like the submission by my advocate and also the substance of the letter from my Immunologist (which was ignored in a previous PIP claim, that one is being re held next month after a District Judge declared the first one cancelled because of 4 errors in law, 3 of which have just been carried out all over again imho)
points remained the same 6 for DL, 4 for mobility.
I have raised this with my advocate and asked if the judge has erred in law by not asking me if I wanted to say anything, he said "That is a procedural issue rather than an error I law. It would be grounds for a complaint, but the Judge will argue that she did, and the panel will back her. It is not grounds to argue for an error in law. An error in law is regarding legal reasons for a decision, and not as to how a hearing was conducted."

Catalonia13

my advocate cannot do anymore until the Statement of Reasons arrives, which I know from my last Tribunal can be months, I'm just getting myself prepared!

worried33

the points you got are so close, this must have been brutal for you

Jurph

It sounds like your advocate is pretty clued up.

He'll know your case so much better than us. I hope he can help you.

Catalonia13

Worried 33 - I know, it's like they are hell bent on not giving me any help, despite the supporting letters from 3 consultants at Addenbrookes, my GP and the submission from my advocate, and the questions, good grief!
I made a note of them when I got home, still struggling to work out the relevance of some of them, this is just a few

what alarm do you use to get up in the morning?
What do you have for breakfast, a banana; do you take the banana back to the lounge to eat?
what size is your lounge?
do you sell your crocheting?

Have you been on holiday this year?, Yes, When did you go on holiday- March, where - Egypt, who with- my (elderly) parents, for how long - one week, what airport - Stanstead, how did I get to the airport – car, who drove me - my sister, did I have assistance - no because my Father did, “but YOU didn’t”, well no because if one member of a party has it there is no need for others requiring it to request it as well as you call go together , again, but you didn’t’

Did I have a holiday last year, when, where, who with etc.

Who lived with you in January - my son, age – 17,what’s he doing, college, what college, what course, how does he get there, bus, where from, how often, you don’t drive him? No, he gets the bus outside our door. What was he doing last year, same but different college

What car do I have, Nissan Note, does it have adaptions – no, she emphasised on it not having adaptations - not sure what adaptations it could have that would help someone with Lupus, anaemia of chronic disease, ME and other auto immune issues, a driver maybe, lol

christ125

Yes I am going through a pip claim.i listed hospital dr under respiratory dept and my gp never once have the contacted those people what are pip.playing at I called em last time and I gotta call em again to see if they have got details from.gp yet or hospital dr yet what do they ask for them.in the forms for honestly pip people

Catalonia13

christ125 said:

Yes I am going through a pip claim.i listed hospital dr under respiratory dept and my gp never once have the contacted those people what are pip.playing at I called em last time and I gotta call em again to see if they have got details from.gp yet or hospital dr yet what do they ask for them.in the forms for honestly pip people

I have written letters of support, clearly spelling out the difficulties I have, the tribunal never even referred to any of them

poppy123456

christ125 said:

Yes I am going through a pip claim.i listed hospital dr under respiratory dept and my gp never once have the contacted those people what are pip.playing at I called em last time and I gotta call em again to see if they have got details from.gp yet or hospital dr yet what do they ask for them.in the forms for honestly pip people

Hi,

It's not their responsibility to contact anyone for any evidence and they very rarely do this. The onus is always on the claimant to make sure evidence is sent to support their claim.

Chloe_Alumni

Hi @Catalonia13,

I'm sorry to hear this. I imagine this was extremely frustrating!

Here is some information on the upper tribunal process which you might find helpful. Please do let us know if you need anymore information.

I would also suggest seeking some local advice from AdviceLocal.

Catalonia13

thanks Chloe

Betsykay19

Can anybody help me with my recent post please

christ125

If I knew that at first I could have got it sorted but it has been sorted now

Betsykay19

What do u mean Christ 125?

christ125

I have got what I need from me gp

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