Tribunal

Seeking123

Hi. I was refused PIP daily living component having received 7 points so asked for a Mandatory Consideration which has been judged as being correct. I don't want to go to court so does that mean I have to just suck it up? I'm still in the position where I can't cook or clean and I submitted loads of evidence with my initial claim.
Having to fight for everything is really getting me down 😭

janer1967

Hi and welcome to the community 

The only option now is to go to tribunal it isn't actually court though often held in a court setting 

It's a lot less formal than court and currently majority of cases are heard by phone 

Seeking123

It's going to court that worries me. I have never been in trouble and having to do this would make me incredibly anxious. Being newly disabled just getting anywhere upsets and worries me. 

janer1967

As advised it isn't going to court and you won't have to go anywhere if you request a phone tribunal 

Obviously the decision is yours maybe get some advice from welfare rights first or cab to see if they think you have a case to be awarded 

calcotti

Seeking123 said:

It's going to court that worries me. I have never been in trouble and having to do this would make me incredibly anxious. Being newly disabled just getting anywhere upsets and worries me. 

As janer says, a tribunal is not a court. he tribunal panel are there to seek any additional information they need from you in order to help them reach a decision on your claim in place of the DWP. 

Most hearings are currently done by phone, as janer also said.

Seeking123

Thank you. I will speak to the CAB and go from there.

AndrewHall

@Seeking123
If CAB advised you have no case, please ignore and proceed to Tribunal. You have more than 50% chance of winning. 

poppy123456

AndrewHall said:

@Seeking123
If CAB advised you have no case, please ignore and proceed to Tribunal.

The OP hasn't said they've spoken to them yet.

AndrewHall

poppy123456 said:

AndrewHall said:

@Seeking123
If CAB advised you have no case, please ignore and proceed to Tribunal.

The OP hasn't said they've spoken to them yet.

That is why I use the word "if".  From my own experience, I win every time I do the exact opposite of what CAB advised me. 

Seeking123

Thanks to the Scope helpline I decided to go to tribunal. I used to work for the CAB so did this myself. I'm pleased to say that I have now received 9 points and am getting the standard daily care component. Its such a relief and I feel like I'm believed now which was what I wanted more than anything 😊

AndrewHall

Well done.
Like I said in the post. It is much easier to be awarded by the Tribunal than by DWP.

Justcheckingin15

Well Done@Seeking123

Seeking123

@AndrewHall it was the DWP who awarded it to me. They ran out of time so the judge reminded them and they rang and made me the offer so I didn't have to go to court in the end.

poppy123456

Are you aware that even though you accepted an award you can request another Tribunal if you think you’re entitled to a higher award. 

Or you can request the Tribunal based purely on the award length only but you must make it clear that you’re happy with your existing award. 

One thing is for certain you definitely wouldn’t have appeared in court because a Tribunal is not a court. Some hearings maybe in a court building but you’re not in trial at a Tribunal. 

Seeking123

@poppy123456 yes I knew I could continue with the tribunal but I felt I was only entitled to the standard rate so was extremely happy. Thanks for clarifying.