Humiliating appeal

shandogthecat

Hi everyone.

Just signed off from my video hearing, and I’m absolutely bawling my eyes out. I had no representation because I (due to my disabilities) wasn’t able to arrange someone in time. I didn’t think it would be an issue because people always say the appeals are quite informal and I’d already gone through the assessment process on my own.

Boy, was I wrong. During the whole appeal I was in tears, or sniffling, but able to mostly speak. I kept getting interrupted by the judge who told me I “wasn’t answering the questions” and she said it sounded like I was “trying to give an answer I thought they wanted to hear.” I was simply trying to explain my answer fully, rather than with the “yes/no” that I think was expected of me? The questions were not simple “yes/no” questions however; and were things such as “if you HAD to do this task, could you?” to which “yes” would obviously be misleading, or were for situations that were several years before my illnesses started, so also just saying “yes” wouldn’t been misleading.

At the end, with me still in tears, the judge said I sounded of “cognitive mind and function, and understood everything that was asked of me” despite the fact that the judge had reprimanded me several times for not answering questions, and I had explained that I took my medication for the tribunal…

Totally my fault for not taking representation, but this is NOT how I expected this to go.

I expect to receive the same I’ve always received; “you can talk well and are intelligent therefore we don’t believe you struggle with any of the things you say you struggle with.”

Popdiva43

@shandogthecat I'm so sorry for what you had to go through, it is so tough especially if you had to do it alone. 

shandogthecat

@Popdiva43 I thought I would be ok. I have done similar things in a previous life at my old job, but this was nothing like that.

This appeal experience was exactly like the horror stories of PIP assessments; sounding like they’re trying to catch you out, interrupting you when you’re answering a question further, asking hypothetical questions that have no basis of relevance to your current health…

I had heard these tribunals were a lot more friendly and open but ohhhhh boy.

I have loads of evidence - oral, medical, etc… so if it comes to it I know I can make a case for Upper Tribunal (WITH HELP THIS TIME) but oh my god. This was horrific.

The only person in this whole time to accurately say I have the psychological problems reported by my medical professions has been the LCW assessor who happened to be a psychiatrist. I hope her evidence is strongly considered.

leeCal

Best of luck @shandogthecat

Emilyb81

Hiya @shandogthecat just wanted to say I am sorry you have had such a rubbish experience! And wanted to check what advice you had before doing mandatory reconsideration and appeal etc if any? Its only i had got refused pip after reassessment i came online searching for help because i had been on dla and then pip for 11 years and couldn't understand why it would be turned down now when things are worse than they ever were before?! So i found this forum (thank God) and it wasn't until i came here that people explained to me what it is they are needing to find out about when assessing a pip claim? It isnt about what illness we have? Its about the 12 descriptors and how we struggle with those 12 things if at all? Doctors and professional letters are not much help for anything other than proof of diagnosis? Because they dont spend enough time with us normally to see us living our lives day to day? I found out that our own examples of trying to do the descriptors and failing to do them is the best evidence for this process because it really doesnt matter how many illnesses we have diagnosed and it doesn't matter how depressed we get or how much pain we are in unless it relates back to the descriptors list again? Without knowing this information i would definitely be in a similar situation to you right now instead of being able to get my claim back into payment a few weeks ago after MR?? Not wanting to rub your face in it but i am just thinking if you also are unaware of the descriptors and how the process works then it may explain why you seem to be getting nowhere? I believe there is a further appeal you can go through i think higher tribunal? I could be wrong about that though? I just hope if you get the strength to carry on fighting or even decide to start again new claim process at least you will then know what you need to focus on moving forward? It really did make the world of difference for my claim! If i had not of had the descriptors list i would not of sent a second rewritten mandatory reconsideration letter in 3 weeks after my original one id sent prior to finding scope and started again with my new information?! I didnt understand the assessment process at all i had no idea it wasn't going to be given to me by me telling them about how bad everything is for me it was about the 12 descriptors and nothing outside of that mattered at all so please look up the pip descriptors list online? Honestly when i read that it changed everything? I have said this on many other threads because so many people seem to be confused like I was before and after seeing the list it makes so much more sense? Hope this helps you hun! Stay strong and please keep fighting! Its definitely worth it in the end! ?????

Emilyb81

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.citizensadvice.org.uk/Global/Migrated_Documents/adviceguide/pip-9-table-of-activities-descriptors-and-points.pdf&ved=2ahUKEwiDwae3nu_xAhXPSsAKHdPlB-4QFjAAegQIBRAC&usg=AOvVaw1_0vW3XCAeqXtDbu7FHJxt

Emilyb81

Hope this works!! ??☀️

shandogthecat

@Emilyb81 I absolutely know the descriptors, which I feel went against me as they said it sounded like I was “saying what they wanted to hear.”

I got the letter with my results back today. The tribunal awarded me LESS points than the DWP did!!!

Emilyb81

Oh no ☹️ how can they suggest its wrong you know the things you need to?! I don't understand why you have been turned down 3 times! Also if you knew where you should of got points  but hadnt in the first appeal (MR stage?) and you provided evidence etc i just don't understand how it can happen repeatedly! I hoped knowing about the descriptors would be a good thing i am so confused! Sorry again hun!

Just to be clear.... You know of areas in the descriptors you should get points for and you keep getting told no? or are you telling them how hard every thing is for you in general and they are not listening to you?

I just don't understand why it would be a negative thing to know about the way it all works obviously you should have a clue or they would say you aren't answering them correctly etc? I don't know what to say other than sorry ☹️?

shandogthecat

Yeah that’s why I’m going to be requesting a statement of reasons. I know they cover different things, but for someone to get LCWRA and then get absolutely zero points on any PIP indicators is a bit unlikely.

Popdiva43

@shandogthecat I'm sorry to hear you got less points after tribunal, I find that baffling,I'm glad your requesting a statement of reason, if your going to take it further make sure you have a representative to help you,don't do it on your own.