Tribunal

Seeking123
Seeking123 Online Community Member Posts: 27 Listener
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 😭

Comments

  • janer1967
    janer1967 Online Community Member Posts: 21,922 Championing
    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
    Seeking123 Online Community Member Posts: 27 Listener
    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
    janer1967 Online Community Member Posts: 21,922 Championing
    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
    calcotti Online Community Member Posts: 10,005 Championing
    edited January 2022
    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
    Seeking123 Online Community Member Posts: 27 Listener
    Thank you. I will speak to the CAB and go from there.
  • AndrewHall
    AndrewHall Online Community Member Posts: 300 Empowering
    @Seeking123
    If CAB advised you have no case, please ignore and proceed to Tribunal. You have more than 50% chance of winning. 
  • poppy123456
    poppy123456 Online Community Member Posts: 62,461 Championing
    @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
    AndrewHall Online Community Member Posts: 300 Empowering
    @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
    Seeking123 Online Community Member Posts: 27 Listener
    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
    AndrewHall Online Community Member Posts: 300 Empowering
    Well done.
    Like I said in the post. It is much easier to be awarded by the Tribunal than by DWP.
  • Justcheckingin15
    Justcheckingin15 Online Community Member Posts: 364 Empowering
    Well Done@Seeking123
  • Seeking123
    Seeking123 Online Community Member Posts: 27 Listener
    @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
    poppy123456 Online Community Member Posts: 62,461 Championing
    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
    Seeking123 Online Community Member Posts: 27 Listener
    @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.