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Pip Tribunal nightmare

dave68dave68 Member Posts: 20 Listener
Hi folks I’m in desperate need of some advice? 
I suffer from a quite rare disease in my spine called shuermanns kyphosis disease I have a 82% curvature which gives me horrendous pain and is only treatable with pain killers .Due to the kyphosis I have restricted lung capacity Topped of with scoliosis ☹️ Lucky me lol ..
18 mths ago I was reported to the DWP from a person who be-grudged my mobility car .. I was followed by one of there henchmen who took 11 mins of video footage over a 2 week period with very selective and edited footage I have to say ..I also suffer from depression and anxiety. I got all benefits stopped and was taken to a tribunal for fraud ! 
On the first date it got called of as a representative from DWP couldn’t make it so another date was made so the dwp could turn up .
On the day of the 2nd tribunal the DWP didn’t turn up again so the tribunal went ahead in there absence , the panel decided to disregard the video evidence due to them not turning up ..
I was still barraged with nearly two hours of questioning which suffering from anxiety and stress I could barely talk to defend myself making many mistakes answering there questions.. as I said they disregarded the video evidence but used stills from the same video as evidence against me !!! can they do this after saying they were not taking it as evidence?
it went all wrong due to anxiety and they found in favour of the DWP .
im going to appeal this decision and try and get it overturned!  can someone please tell me if this time would I be able to take a representative with me to do most of the talking on my behalf as I’m not good in these situations under stress and I get dumbstruck 
which I feel the panel took advantage of this.
thanks 🙂


 

Replies

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

    You can only appeal a Tribunal decision on error of law and to find if there is one you'll need to request the statement of reasons and record of proceedings within 1 month of the date of the decision. Once you receive these you need to find someone to take a look to see if they can find that error in law, otherwise you won't be able to appeal the decision.

    During a Tribunal hearing a representative would not be able to speak on your behalf.
    Community champion and 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.
  • dave68dave68 Member Posts: 20 Listener
    Hi 
    yes ive asked for the statements of reason and have someone that’s going to take a close look at them for the error of law.

    Thats very of putting if a representative can’t talk on my behalf , I really don’t think I could go through there interrogation tactics again .

    is there any other way to do this without having to appear in front of them again?



  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @dave68   Please can I say sorry to hear what you going through, I offer compassion and empathy.

    I am one of the team of Community Champions.

    Please contact this charity. It is an advocate charity helps those with mental illness.

    Speaks on your behalf.  

    https://www.rethink.org.

    Also these two are mental health charities will advise and support you as well. Offer floating support, benefit assessments and advice.

    Well being and health . Take clientele with disabilities and mental health and other conditions.

    https://www.richmondfellowship.org.uk.

    https://www.mind.org.uk.

    Please if I can help with anything further please ask.

    Please take care.

    @thespiceman


    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • dave68dave68 Member Posts: 20 Listener
    Thanks for your reply, would it have to be someone from one of the charities that represents me ? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As i advised, who ever you ask to represent you they won't be able to speak on your behalf because this is not what a representative is there for.

    This link will help you find an advice centre that's local to you. https://advicelocal.uk/

    Community champion and 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.
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @dave68   Please if I can add, I would contact any of the charities I suggested

    Because they can advise you and support you with anything your mental health and offer any further guidance.

    My friend @poppy123456 has advised on representation I would also add look at the links provided.

    Please take care.


    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
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