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I have my upper tribunal on 28th January, I NEED HELP

dianejanedianejane Member Posts: 12 Connected
After months of fighting my original tribunal, it was successfully set aside as I was treated unfairly.  I had law centre helping me,but as quick as they helped at my last 1% of a 99% fight..they have dropped me like a hot brick! It was either "due to not living in their area" or"funding". CAB Cant help...I dont know why..I have come so far with this fight now Im being left on my own,in tears!! Its a phone tribunal due to Covid, but I still feel I need legal representation, I even offered to pay out from my benefit for help! Im entitled for someone to be with me but I dont know which way to turn..PLEASE..CAN ANYONE WHO DEALS WITH UPPER TRIBUNALS HELP ME PLEASE!!! ITS ON 28TH January like a conference call? So no contact is fine as they just need you on the phone..Id be so grateful..im in floods of tears..i cannot understand how ive been helped,assisted,guided 99% of the way and looks like a win..but i not only suffer with physical but mental health i lnow i will go to pieces as soon as they talk...im in HERTS. 

Replies

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

    I'm sorry to hear this. Scope do not represent people for Tribunals.  If you can't get representation, do you have someone that can be with you on the day? Even with representation, you would still need to speak for yourself.
    Put your postcode into this link to see what other advice agency is local to you.

    Good luck.


    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.
  • dianejanedianejane Member Posts: 12 Connected
    Oh yes I totally understand I can be the only one to answer..but due to my last experience on how they brought up medical notes that had NOTHING to do with my disability...3 times I told them i will not answer that and reasons why..but my daughter was sitting next to me..she never knew of this medical proceedure as it was private to me..but when they talked about it she was shocked and to this day wont talk to me!! It had NO relevance whatsoever to my claim ..plus i was forced to say "yes" even though i said no to a question..they did not stop till i said "oh ok i say yes" its like they wanted me to say what they wanted to hear..hence why the original tribunal was set aside...im worried theyll do it again!! I just wanted someone here to help me as i struggle to talk as i have like a social phobia....
  • mikehughescqmikehughescq Member Posts: 5,417 Disability Gamechanger
    I’m unclear here. This sounds like you had a first tier tribunal and had that decision set aside by the upper tribunal. Therefore what’s coming up would surely not be a UT but a freshly constituted first tier hearing? 
  • Ross_ScopeRoss_Scope Community Team Posts: 2,511 Disability Gamechanger
    Hi @dianejane

    I'm sorry to hear that this situation has impacted you this way, you seem really upset, understandably. 

    Advice Local, linked above by Poppy, is a good option to look into, as is the prospect of having someone there to support you like a family member or friend.

    I hope everything goes well with the tribunal, please do your best to take it easy and relax in the meantime, and give thought to what you might wish to say.
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  • dianejanedianejane Member Posts: 12 Connected
    I am so worried....I dont have anyone who can be with me..so it makes it worse...My mind cant even think what i want to say..as i dont thonk they take much notice..but only to their guidelines and what points to give me...Im always 100%hones . The only way to be..but sometimes i feel they dont believe my words..when especially i need reminding to take tablets..wash..dress..i get so low or im in so much pain I cant do those things...not until my daughter calls me and says have you taken your tablets! And ive gone oh my ive bloody forgot! ..due to my anxiety,depression PTSD..my mind can be somewhere else...so do i answer that as "yes i need prompting"? Many times i cant cook..its just yoghurts or a microwave as i cant stand...but i always feel they dont believe me! I guess experience of all the assessments...tribunals ive had...as I was totally pressurised to answer "Yes" when i kept saying "no" ...i felt bullied into saying what they wanted to hear.  So i get all flustered..and say "oh alright if you want me to say yes i say yes" and to me i totally regret it when i leave the room!!  I know i will cry almost the whole time as i get angry theyre putting us all through this..when all they have to do is go through all my hospital letters..drs etc....its not like ive got no letters..my files are very thick! Why cant they see that!
  • CressidaCressida Member Posts: 700 Pioneering
    @dianejane just remember that the people you are talking to are just people like you and me. Your tribunal is just one of their tasks today. They are not all sat there trying to find ways to deny you PIP. Make sure you have a copy of your form in front of you and concentrate on telling them how you are affected when you do things rather than just saying I cannot do this. Have some examples ready of what actually happened when you tried to do something and failed, what was the consequence? 

    You should not feel pressurised to say certain things but take a breath and try and remain calm. Don't start off thinking they won't believe you, try and think positive and remember they are trying to untangle the information they have about you. Sorry if this is not helpful, there are lots of people on here who can give you better advice. Just take a big breath and try and be positive and things may go better than expected. Good luck. 



  • janer1967janer1967 Community champion Posts: 7,481 Disability Gamechanger
    The panel are experienced with people getting upset during the hearing si dont concern yourself with that 

    Prepare by going through your bundle when you filled in the forms did you say you needed prompting fir meds as that is the best time to explain your daily life 

    Make yourself familiar with the descriptors and prepare examples of what happens when you try and do the task 
  • dianejanedianejane Member Posts: 12 Connected
    Thank you! Im appreciating all your kind words..its helping me alot....i dont think in my original application i said i need help with taking tablets...but i certainly do now....so i will tell them how I am now and not how I filled it in originally?
  • janer1967janer1967 Community champion Posts: 7,481 Disability Gamechanger
    Just to note the tribunal will only consider how your condition was at the time of application and not any change or worsening 

    The reason for this is that you are appealing the decision made at that time and that's what their decision must be based on 
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