How would a tribunal work? — Scope | Disability forum
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How would a tribunal work?

kali110
kali110 Member Posts: 11 Listener
edited May 2020 in PIP, DLA, and AA
A few days ago i sent my mandatory reconsideration and evidence, GP letter stating i have mental health issues as well as mobility issues (foot), mental health letter, Podiatry letter (ruptured foot) previous injury. My podiatrist even stated in the letter how i was having difficulties and struggle to walk. Also had a letter saying im high risk as i suffer from anxiety and depression. 

Previously pip awarded me 
6 points daily living 
4 mobility.


i called up today to ask for an update and a decision has been made. (Really fast).

i have been awarded standard mobility.

However I am disappointed as i believe i should have been given enhance mobility and at least standard for daily living. I have arranged for a case worker to call me back in the next 48 hours. 

However moving forward if i wanted to take this to tribunal how would it be done, considering the current Covid-19 situation. Also any advice that can make the caseworker change the decision on the phone call?

thanks.
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Comments

  • Ails
    Ails Member Posts: 2,256 Disability Gamechanger
    Hi @kali110 and welcome to the Community.  It's nice to meet you.  I'm sorry, but I'm unable to answer your questions as not too sure about this, but other members or one of the Scope Team, who have more knowledge of this maybe able to help and if so will post here.  However, please find some information which Scope has put together about PIP which you may find helpful -

    https://www.scope.org.uk/advice-and-support/personal-independence-payment-pip/

    I wish you well with PIP and hope you find the information you are looking for.  Please stay in touch and let us know how you get on with this.  All the best.  :smile:

    Winner of the Scope New Volunteer Award 2019.   :)
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    Hi @kali110 - Welcome to the community, & thank you for joining. As the link that Ails has given above shows, you can ask for your award to be looked at again with a Mandatory Reconsideration. You have 1 month from the date of your decision letter to apply for this, which is best done in writing.
    What may be lacking in the info previously sent, is a couple of examples as to the difficulties you faced (at the time of your assessment) for each applicable activity or descriptor, i.e. how your functional ability is limited by your disability. Why is the activity difficult, what happens, does it cause fatigue or pain during/afterwards, does it take you longer than someone without a disability, can you do it safely, can you repeat it as often as you'd like, etc. Please see the link below showing where points may be gained, so long as you explain why in detail. Your own evidence is just as much important as your medical info.

    If this doesn't change your award, then at present Tribunals will be done based on paper (all the evidence, your initial claim form, why you're appealing, etc). If it can't be judged on paper, as they may have some questions, then it would be a phone tribunal currently.
    I hope all goes well, & please do say if you have any other questions at any time, or if we can help in any other way. :)

  • kali110
    kali110 Member Posts: 11 Listener
    Ails said:
    Hi @kali110 and welcome to the Community.  It's nice to meet you.  I'm sorry, but I'm unable to answer your questions as not too sure about this, but other members or one of the Scope Team, who have more knowledge of this maybe able to help and if so will post here.  However, please find some information which Scope has put together about PIP which you may find helpful -

    https://www.scope.org.uk/advice-and-support/personal-independence-payment-pip/

    I wish you well with PIP and hope you find the information you are looking for.  Please stay in touch and let us know how you get on with this.  All the best.  :smile:


    Thank you so much for all the information, this was the mandatory reconsideration decision although the   decision was made two days after they received my evidence. I was still to send my document as you have attached the link above. I have requested to speak to the caseworker to look over it again or to wait for my letter which states in detail why i cant carry out the activities. 
  • kali110
    kali110 Member Posts: 11 Listener
    chiarieds said:
    Hi @kali110 - Welcome to the community, & thank you for joining. As the link that Ails has given above shows, you can ask for your award to be looked at again with a Mandatory Reconsideration. You have 1 month from the date of your decision letter to apply for this, which is best done in writing.
    What may be lacking in the info previously sent, is a couple of examples as to the difficulties you faced (at the time of your assessment) for each applicable activity or descriptor, i.e. how your functional ability is limited by your disability. Why is the activity difficult, what happens, does it cause fatigue or pain during/afterwards, does it take you longer than someone without a disability, can you do it safely, can you repeat it as often as you'd like, etc. Please see the link below showing where points may be gained, so long as you explain why in detail. Your own evidence is just as much important as your medical info.

    If this doesn't change your award, then at present Tribunals will be done based on paper (all the evidence, your initial claim form, why you're appealing, etc). If it can't be judged on paper, as they may have some questions, then it would be a phone tribunal currently.
    I hope all goes well, & please do say if you have any other questions at any time, or if we can help in any other way. :)

    Yes this was the decision from the Mandatory Reconsideration. Although i still had one more document to send they made the decision as soon as they received my evidence in 2 days. I still had to sent the form that states why i cant do the activities. I am going to call them up today and ask to speak to a caseworker to look at it again or wait to receive my form. Wasn't expecting them to make the decision in 2 days after receiving my evidence. And i don't know how they have only awarded me standard Mobility £23 p/w I was so upset yesterday and felt like giving up. Hate having to explain in so much details despite them having everything they need. 

    What are most of the Tribunal outcomes like currently? Also is their a waiting time? I am so stressed and worried. 


    Thank you so much for you advice. 

  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    Hi @kali110 - I'm sorry about the difficulty with your MR. I learnt yesterday that you can in fact ask for more than one MR, rather than going straight to an appeal. Something useful to know. However MRs have a success rate in changing things at less than 1 in 5.
    With some Tribunals now being on paper, they're getting through more appeals, & waiting times are consequently reducing to approx. 3+ months. This will still be dependent on your own local waiting time. The other good news is that there is a higher appeal success rate at the moment.
    It's great you've sent details of your functional ability, & I hope they look at your MR again. Kindly let us all know how you get on. :)
  • kali110
    kali110 Member Posts: 11 Listener
    chiarieds said:
    Hi @kali110 - I'm sorry about the difficulty with your MR. I learnt yesterday that you can in fact ask for more than one MR, rather than going straight to an appeal. Something useful to know. However MRs have a success rate in changing things at less than 1 in 5.
    With some Tribunals now being on paper, they're getting through more appeals, & waiting times are consequently reducing to approx. 3+ months. This will still be dependent on your own local waiting time. The other good news is that there is a higher appeal success rate at the moment.
    It's great you've sent details of your functional ability, & I hope they look at your MR again. Kindly let us all know how you get on. :)
    I tried my best to and asked for another MR even spoke to the case managers manager, however they said i have to put in an appeal and send whatever i have to send to support my application, however he said before it goes to court and once the appeal is registered they will get someone to look over it once again.

    i am worried how long the timescale is for an appeal though. Its so much stress. 

    Thank you for the info, i will keep you updated 
  • kali110
    kali110 Member Posts: 11 Listener
    Does anyone know the procedure of processing the appeal after MR to PIP and what I should include. Anyone have any experience or knowledge, much appreciated. 

    Thanks x
  • chiarieds
    chiarieds Member, Community Co-Production Group Posts: 12,478 Disability Gamechanger
    Hi @kali110 - I'll ask @mikehughescq to see if he will look through what you've said, & advise about tribunals as regards PIP. Thank you in advance mikehughes.
  • kali110
    kali110 Member Posts: 11 Listener
    Thanks @chiarieds I really appreciate the help.
  • Lou67
    Lou67 Member Posts: 1,001 Pioneering
    Hi @kali110. Hi sorry to hear you didn’t get the points you think you should have, I’m in a very similar place as yourself, I was getting standard DL for a cpl year it finished in February, I found out on 17th April I was awarded only 6 points for DL and 10 for Mobility so I’m receiving same as yourself, I’m still waiting on word back on my MR but got a feeling I will be going to appeal. Sorry for the rant lol stick with it Kali ?
  • kali110
    kali110 Member Posts: 11 Listener
    Thanks @Lou67, I have put forward my appeal, just waiting to see if DWP will change anything, its a long waiting game but should hopefully be worth it. Nervous at the same time. I dont my appeal online but still need to send them the MR letter.

    Let me know how you get on. 
    Best wishes.
  • kali110
    kali110 Member Posts: 11 Listener
    @mikehughescq

    thank you so much for your advice, I followed your guideline and submitted an appeal, just need to send my MR letter to the tribunal. 

    Really anxious but should hopefully be worth it all. DWP have until mid June to look over it again before it goes to appeal.
  • Lou67
    Lou67 Member Posts: 1,001 Pioneering
    Hi Kali, yeah defo worth it just a shame we have to go through this to get what we should be getting, I wasn’t aware you could put in for them to look again at your MR if first one is disallowed, so thanks for making that known, I will definitely keep you informed. 
  • kali110
    kali110 Member Posts: 11 Listener
    @mikehughescq I have submitted an appeal to the tribunal just waiting fot PIP to respond, they are over the timescale now as you had mentioned, but I am really unsure of who to use as a representative, it is giving me the option to use Glasgow City council would you have any advice whether this will help me as I dont really know who else can represent me.Also do you think I should get written letters from family and friends as I seen this as an option too. Really anxious of what is going to happen next. Since then I have submitted 2 occupational health reposts and a occupationa senior doctors note too who have highlighted how unwell i am.

    Just waiting for someone from PIP appeals to respond but i know its unlikely they will change anything so its a matter of waiting on tribunal which will be a while i take it. 
  • kali110
    kali110 Member Posts: 11 Listener
    32 to 38 weeks is the wait for an appeal lodged now. However, probably less as most are being dealt with on the papers. It’s not appropriate for me to recommend a rep. I suggest you talk to them and make a judgement based on how you feel after that. 

    In terms of prepping your case, go back to my previous post and concentrate on the but below the bold text.
    I had my pip tribunal today, was super anxious, although i had provided alot of medical evidence to DWP and Tribunal, OH reports, Podiatrist letters and so on, the judge came on the phone and didn't discuss anything at all and just sad they want my medical records. I was upset and even said to the judge I have provided a written letter from my GP which states all my problems and symptoms already though, and alot of other evidence yet still they insisted for the medical records.

    I am happy to provide medical records as I got them from the doctor in March 2020, however I was told its not necessary to send them unless asked for. Obviously now i will be sending them to the tribunal, but just feel like its a waste of time and they had enough evidence and reports to make a decision. I am already getting standard Mobility but challenging for enhance mobility and some daily living too. Even my rep was surprised at the outcome as it just wasn't expected at all. 

    Is their any advice you can give, my only worry is my medical records wont state everything and are basic not so much detailed. However Tribunal does have other medical letter and reports already. 

    I am scared of the outcome as well as the delay, what is the likelihood of them asking for my medical records I don't understand and if needed i wish they asked before my hearing.

    Any advice will be appreciated on what they will do next and any help for me just now too. 
  • poppy123456
    poppy123456 Member Posts: 31,253 Disability Gamechanger
    Hi,

    Sounds like there wasn't enough of evidence to make a decision which is why they are asking for your medical records, which does sometimes happen.

    Even though you said you sent medical evidence, did that evidence sctually state exactly how your conditions affect you because most medical evidence doesn't state this.

    Letters from GPs aren't the best evidence to send either because they very rarely know exactly how your conditions affect you. They will only usually know if you've told them.

    Hopefully you're not waiting too much longer for another date.
  • kali110
    kali110 Member Posts: 11 Listener
    Yes my reports were very detailed, and a few pages long too, each mentioned my mobility and daily living needs with detail and the difficulties I face, even my rep agreed that it was a great amount of evidence they had if they had wished to use.

    Just left me upset and I even cried on the phone to the judge as I felt it was a great let down and that it affecting my mental health. 
  • poppy123456
    poppy123456 Member Posts: 31,253 Disability Gamechanger
    I note that you also have a rep so you should really be speaking to them about any questions they have, They will know everything about your case. It's difficult to give any advice without knowing anything about your case. There could be many reasons why the Tribunal have requested medical evidence.

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