tribunal help

mark1983

hi i have been reading a few people journeys on here and now decide for advise for my wife who i have cared for 15 years shes was on the old system for 10 years high on both parts for life but got letter 5 years ago to move pip got both high on mobility and care someone reported her 2018 and in july 2019 we had fraud squad follow us for 3 weeks out of the 3 weeks they seen us 9 days my wife got a letter to attend a interview what evidence they are using against her is getting in and out of a mobility car , standing on a kerb , pushing a small trolly instead of using her stick and crossing a road with out a stick once and they contacted mobility to see what cars she has had an he said in the interview that she drive really good for being on mobility . so the report come bk in nov 2019 so say she score 0 points on everything and pip wanted 31k money bk for 5 years they send it to the cps the case got dropped no further action the problems my wife has is rheumatoid arthritis dybetes  she cant dress shower or cook with out my help some days bed bound with flairs up we did a MR come bk same 0 points so we went to CAB in feb 2020 showed them all the reports he helped us start a tribunal process and said he would come to the trbunal for support and help us with the appeal for 31k they dropped the case in april 2020 and CAB said if they drop the money case then it will help in the tribunral we have kept all papers and dr speclist letter and we have sent in photos on all the aids my wife uses walk in shower sticks perching stool etc so what i am asking is anything else i can do and will the tribunal be asking diff qwestions compares to someone that had to go to a tribunral with a fresh claim sorry being soo long and no date for tribunal 

mark1983

she did apply again with a fresh claim for pip in january 2020 while waiting for appeal she got dianosed with fibromyalgia, incondinence , rainards in 2019 as well as her other problem preview she didnt have a home visit with covid 19 she scored 0 everything they said nothng has changed since when she first applyed for pip 5 years ago so we didnt do a appeal as we already had 1 going

janer1967

Hi and welcome to the community, what an ordeal you and your wife have been through.

We have lots of advice on PIP tribunals and also lots of members experience too in the PIP section

The main focus should be giving examples of how your wife is affected against the descriptors, what happens when she tries to do the task, can she do it of not why not, can it be done safely and repeatedly, does she need help or use aids to do the tasks.

They will only look at her condition at the time she was assessed and no worsening of condition since then as that is the decision she is appealing.

Appearing in person or on the phone will also be advisable

A tribunal is looking at the whole claim with fresh eyes from an independent panel

Have a look around and hope you get some more tips

mark1983

thank you @janer1967 its been a long hard worrying time still don't understand is if the case has been closed and know further action to be taken then why my wife hasn't got her pip back and would it help my wife case with the tribunal with the letter stating case closed as evidence .  i no not worth asking about how long waiting times are by the forum lol
 

janer1967

She hasn't got PIP back as last she doesn't have any award in place assessments all gave 0 points 
The case that was closed is just in relation to the money they have not tried to take back 

mark1983

Sorry @Username_removed kinda not sure what mean by physical evidence the letter my wife got bk was cps has investigated The evidence and know further action taken the case has been closed it does have the dwp on the letter

mark1983

When dwp were send letters asking for a payment plan I told my wife To ring them and say we are appealing it I thought was if she excepted that payment plan then she’s excepting that she guilty of the evidence so we went to cab nxt day 1 of my question was to cab if the case drops for the money will that help tribunal he said yes there trying to claim 5 years worth of money bk with 9 days out 3 weeks of evidence cab said they don’t have 5 years of evidence this why I wonder will this letter help with my wife tribunal case 

pierce202

that is terrible what u have been through,im reaplying for my sons renewal and am worrrying as last time it took us a yr of court 2 tribunals which we won but the stress was horendous as we were in the middle of diagnosis and getting plans in place at the same time, now 3 yrs on he is on meds for adhd and meletonin at nite also has now ehcp plan and risk assesment reports and therapys reports ect been excluded twice so has behavior reports but the form is so intense and not clear on some parts 

mark1983

@pierce202 I 100% agree the stress and worry never felt like before finding scope and reading people story’s and advise they give has helped so much when my wife went from the old system to pip she got awarded it for 10 years the accessor who come to the house could see the pain and struggle she was in

mark1983

Hi @Username_removed it was dwp pursuing it and the letter we got bk to say the case was closed is from dwp has there stamp on top right of letter stating in capital letters we have closed are investigation then it says on 21 August 2019 you were interviewed under caution about a failure to declare a change in circumstances having considered the i information we have decided to close out investigations no further action will be taken an then further yours sincerely the name 

mark1983

So it will be no we have had no contact from cps letters or phone calls

mark1983

@Username_removed ty mike u are a legend with help and information U give and when we went to the cab he ticked the box for a face to face for tribunal and said he wants to attend the tribunal with us as support/help

mark1983

@Username_removed to do that does my wife have to wait for a tribunal date and then ring them to say she wants the overpayment first or can she write  a letter to them to tribunal 

mark1983

@Username_removed thank you i know the dwp had till the 27 march to hand in there evidence to the tribunal but never heard anything bk my wife gets txts on phone with updates the only txt she had is to say they got the info that we want a tribunal that we filled in with cab

mark1983

and letter thu post to say if we want to add more evidence with code number for the case

mark1983

today my wife recived a letter from the tribunral saying dwp asked for a extension and they gave them till 3rd of oct to hand the evidence in i was wondering if this is normal for them to ask for a extension 

janer1967

Yes it isnt unheard of especially with all the back logs currently 

mark1983

thank you for the info

mark1983

hi everyone just a update my wife got letter today from tribunal saying dwp did not send in any evidence after asking for a extension which has gone and said they can't except any from them now and the tribunal have asked for the evidence we have got we are contacting citzen advise tomoz so we get all the right info they asking for as we only have 3 weeks to send it by i was wondering does it help the case that dwp didnt send any evidence in 

poppy123456

This happens a lot and they will mostly likely send it at some point. It doesn't make any difference to your case and the hearing will just carry on as normal.

mark1983

hi @poppy123456 hope u having a good day it states in the letter that the tribural won't except the evidence of the dwp now as they asked for a extension and still did not hand any in so they are asking all what my wife has on the case