PIP, DLA and AA
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Decision

ebeneeeebeneee Member Posts: 87 Courageous
Hi Everyone,
Thank you all for [email protected]@[email protected]@all the ones whose found time for me to give encouragement, Theres a saying follow your gut instinct ! If you feel somethings wrong.....your right,  i got 3 phone calls to make sure i was coming to the hearing and 4 text to remind me of the hearing i ust thaught somethings really wrong here stroke 1 from i got to the room and the clerk came in and she spoke and asked my name, and informed me that it was going to be a two hour hearing , i burst into tears and she had a smirk on her face, i knew that i was going into the lions den,Strike 2 from i walked into the court room or tribunal room, i was told they was going to look at the whole thing again, that means me loosing my points BUT THEY DIDNT WARN ME OF THIS loosing my points so i could get the chance to change my mind................strike 3, all through the hearing i was rushed to give answers, while i was giving answers i was been ridiculed BY THE JUDGE, you wouldnt beleive it strike 4 , there was a comment made for the panel to hear who was a disability anylist and doctor could hear, when my sister who was my support stepped out of the room as she was in so much pain on the day, oh your sister supports you yeah right BY THE JUDGE strike 5, i needed to go to the toilet, but i should have stayed there and wet myself, as the judge was the one who got up smartly dressed looking at his footwear he wore a pair of motor bike boots that did not go with what he was wearing im not knocking motor bike boots either imjust saying they should have been in better condition  (something i would wear in my back garden to dig up dirt, if i could go outside to dig up the weeding i would be a happy person), came out showed me where they was and watched me struggle to walk and stop, to catch my breath, after a few minutes i walked back and he informed the panel i walked 90 metres straight, strike 6 i should have stayed there and wet myself,  because going to the toilet cost me points of moving around i felt like i was in kangaroo court, 2 hours of questions humilulating myself, to a judge who had it in for me, from the get go, at one point he said when you come back to court i said to him so im coiming back to cour he said no i was just saying yeah right strike 7, he would switch off the recording and pass comments that was uncalled for, i was asked at the end if i had anything to say, i was in shock as i couldnt beleive this was happening, IT WAS A JUDGE who was saying these things ..what could i do?, i got the envelope today it wasnt a brown one but a white one, they took my points away, I cried like a baby.....at one point i was suicidal, now the question is do i go to the upper tribunal with errot in law..........what is it.......................im not going to bother to take it any higher as my experience on wednesday has shown me that, no matter where you are, if your trying to prove something and you dont use video recording your not going to win, what has happened to Truths and right, people been honest, not disctiminating anyone because of their disability, size their colour their religion,it really is a shame how the system is right now.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    I'm sorry to hear that!

    Are you saying you went to the Tribunal with an award and the end result was to remove points so you now no longer have an award? If so, were you warned before they did this? Sometimes they'll send a letter to warn you, rather than leave it to the day of the hearing but if it's on the day they must warn you and adjourn the hearing.

    You now have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once you receive these you need to find someone to have a look to see if an error in law was made. If they didn't warn you before taking those points away, i'm not sure if that's an error in law. I'll tag someone who will definitely know the answer but i don't know if they will see it because i don't see them post very often.

    @mikehughescq can you help here please? Thanks in advance for any advice you can give.


    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • ebeneeeebeneee Member Posts: 87 Courageous
    Hi @Poppy123456,
     Thank you for replying i so really appreciated your advice its always been  comforting, Poppy from i walked into the room i was told we are going to look at the whole thing,i was not given a warning, to stop it and change my mind, which i thaught was strange, honestly i was treated really unkind, the judge (the enforcer) was nasty no one would beleive the way he was carrying on......if that is what the governement is spending money on  by training people to be judges to deal with people who have mental health issues and physical disabilities to cut down on people attending tribunals, they need to stop training as it is not working Poppy123456 ,you would have been more suited as the judge as your considerate to peoples needs, and have a great knowledge regarding disabilities and your a peoples person, all evidence by consultant was questioned gp statements, poppy i had 7 points for daily living when i went int there, i lost 2 points, i had 10 points for moving around, i now have 4 points for moving around and 4 points for planning a journey, how can that be poppy? if thats the case why wasnt i awarded the 4 points for planning a journey in the beginning as i wouldnt be in this mess i would have had enhanced mobility, nothing has changed i just dont understand any advice would be greatly appreciated Poppy
  • ebeneeeebeneee Member Posts: 87 Courageous
    @poppy123456,
    I was not sent anything through the post either regarding loosing point they hadmy mobile number to text me, but they was able to send text of hearing date 3/4 times...........................things just dont seem right poppy123456
  • ebeneeeebeneee Member Posts: 87 Courageous
    @poppy123456
    I forgot to say because my sister support me and she had leave the room because she was in so much pain the judge comment oh yes your sister supports you right, i lost 3 points on daily living for supporting, and 6 points because i went to the toilet, that is moving around that just cant be right poppy.
  • cristobalcristobal Member Posts: 966 Disability Gamechanger
    @ebeneee - I can understand that you are annoyed at losing points but when you ask for a case to be reviewed that is always a risk.

    If the judge stopped recording in order to make inappropriate comments that is very wrong and something that you might consider complaining about. I didn't realise that tribunals were recorded but it will be simple to establish that the recording has been stopped and started.

    The positive, if I've read your original post correctly, is that you are no worse off as a result because the tribunal did award you 4 points for planning a journey. You should still get PIP for mobility, at the lower rate.
  • chiariedschiarieds Community Co-Production Group Posts: 8,035 Disability Gamechanger
    @ebeneee I'm so sorry to read about the decision you got, & about how you were made to feel on the day of the tribunal.

    I hope Poppy can find out more for you as regards not getting a warning to see if that might be relevant. Anyway, please follow her advice.

    Just wanted to let you know that I'm thinking about you. Please also know, as I'm sure you do, that this community will support you the best they can.
  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for response, i thaught that i would have been notified of that, i did not know that when you walked intot he doors they had the rights to tell you they are going to look at the whole thing again and not give you the chance to stay srop ive changed my mind, yes i was awarded 4 ponts for planning a journey but the 10 pints i had in the beginnining for moving around had gone down to 4 points, from i walked into the tribunal room, the judge was going on regarding my mobility, he could see i was struggling to walk i was in apin i walk with an aero boot, and a crutch, i have osteoarthritus, and ervical spondylosis of neck back and lumber even though spondylosis has only just been diagnosed a couple of months ago, take away 6 points so its now 4 points for momental health has always been there but they only decided to award me now and take away 6 points for moving around.....................nasty judge who had it in for me from i stepped in the room.
  • ebeneeeebeneee Member Posts: 87 Courageous
    [email protected],
    Thank you for support always  i so appreciate it , i am waiting on advice given by poppy123456 and hopefully we can see what is what im srill in shock,  people have said i should have recorded hearing in secret but that wouldnt have been allowed anyway, and naieve as i am i just thaught that i was going into a tribunal where the judge and panel where individuals who were inpartial, independent was there to hear what i had to say looking at 700 page of folder, and making their  decision by evidence and visiually seeing or observing how i looked, i just wasnt one of the lucky ones to say.yes i won, i do not know where i go from here,but i hope i can get some advice on what steps to take, anyone who knows me..know that im not a liar, and i have numerous health issues and yes they affect on my daily living, and how i move around, i am genuine, its just a pity that not everyone it seems in the system are all about cutting back by targetting vulnerable people who really need the support.
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