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Admin error resulted in 2 PIP hearings, will I be asked the same questions?

08herlilj08herlilj Member Posts: 13 Connected
edited March 6 in PIP, DLA and AA
I recently had a hearing for PIP but due to an administrative error the hearing was titled as universal credit, so I've had to have a new one booked for a PIP hearing. I suffer with anxiety, depression and EDS, but I wasn't asked questions about my joint hypermobility and I'm worried I won't have the chance to talk about it as it is the main reason for my PIP appeal. I wasn't able to shed enough light onto EDS but I scored points on UC/ESA descriptors that are identical to PIP with my answer about anxiety at the initial hearing, and had those points confirmed on my appeal decision letter. Will I also be able to use this as proof for my next tribunal hearing? I've been found unfit for work too. I suffer with panic attacks, joint stiffness, pain and dislocation regularly but I didn't get the chance to talk about this at my hearing. I was also found to be eligible for ESA.

Replies

  • janer1967janer1967 Member Posts: 11,139 Disability Gamechanger
    Hi 

    The pip tribunal will ask questions around the PIP descriptors which are different to UC descriptors 

    Make sure you prepare and write down all you want to get across and if they haven't asked the question but you have something to add they will ask at the end if you want to add anything so that is your chance to make sure they have all info 
  • 08herlilj08herlilj Member Posts: 13 Connected
    Thanks for the reply. I assumed they would just take my answers from the previous appeal hearing despite answering what seemed to be enough for them. I'll keep this in mind, thank you!
  • mikehughescqmikehughescq Member Posts: 6,575 Disability Gamechanger
    Your next hearing will start, like all appeals, from scratch. You are effectively walking in with nothing. You won’t be asked about hyper mobility as PIP is concerned with the functional consequence of conditions rather than the conditions themselves. So, you’ll be asked about your issues with performing a specific points scoring activity and that will be your opportunity to do explain your practical issues and why they occur. 

    However, you need to quickly disabuse yourself of the notion that there are any UC/ESA descriptors which exactly match those for PIP. There are not. There are similarities and some are closer than others but they are not the same and it’s a bad mistake to proceed on that basis. Remember also that what you’re being asked for PIP is whether you can do things reliably. For ESA it’s whether you can do them repeatedly and in a work context. A very different thing indeed.
  • 08herlilj08herlilj Member Posts: 13 Connected
    @mikehughescq by start from scratch do you mean I'll have to resend all of my evidence documents? Also are they going to ask questions about every descriptor? I have already given them answers to the PIP descriptors in an email but I mentioned that I'd like to talk more in depth about each one. I need prompting/supervision to do almost everything but I'm worried that I won't have the opportunity to mention that. Thanks for the reply also, that takes a bit of weight off my shoulders as the ESA hearing seemed very brief with very few questions about all of the ways I am limited.
  • janer1967janer1967 Member Posts: 11,139 Disability Gamechanger
    I don't think they will even have copies of your other appeal as it is completely different appeal for a completely different benefit 

    There would be no point to seperate hearings if they just took answers from other hearing 

    Like Mike says you are starting from scratch 
  • mikehughescqmikehughescq Member Posts: 6,575 Disability Gamechanger
    No, I mean that every hearing is a blank slate. You start effectively in theory with zero points. 

    They will ask questions about those descriptors you put at issue and perhaps any they think ought to be at issue but the latter differs from tribunal to tribunal.
  • 08herlilj08herlilj Member Posts: 13 Connected
    @janer1967 the problem is the tribunal hearing was a UC hearing, everything up until then was relating to PIP, weirdly but with that said I'll double check with the tribunal. @mikehughescq I get you now. Thanks for the response guys!
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