Hi, my name is fight4it! Going to a tribunal

fight4it
fight4it Online Community Member Posts: 3 Listener
edited February 2022 in PIP, DLA, and AA
Hello everyone. 

This is long, so grab a cuppa and relax

I have been on this site for about 14 months, reading peoples comments and struggles. It has given me more strength to fight for my benefit entitlement, because the first time i applied for a mandatory reconsideration and got turned down, I didn't have the guts or mental strength to go to tribunal because I was told that i wouldn't win and i would lose my money. Well!!

Since then, I have done my own research and discovered that going to Tribunal is exactly what you must do! They don't tell you that the people in a Tribunal are real people, who are actually compassionate towards you and are there to see that you receive the correct benefit. (I know some slip the net)

I have  A LOT of mental health issues, including Agoraphobia, which is extremely debilitating without transport. I had an accident in February 2021, walking of all things and managed to put my foot in a pot hole and twist my whole knee and ligament out of place, then re open an old motorcycle injury. I also fell on both knees, injuring the right one too. 

After going for MRI's, because i literally couldn't walk, it was discovered that my injuries were definitely in need of operations. I now walk in constant pain, with a full length leg Pre op brace to stop my leg from buckling underneath me, plus a cane. I have giving up on going outside... which brings me to my point of the tribunal.

After reading your comments on here, it gave me more confidence to apply for the Tribunal. I honestly thought I would have won my PIP change of circumstances but they flat out said no to enhanced and gave me what I was on for another 4 years. 
I flat out told them that i would rather be on enhanced for a year than standard pip for 4.
I had a list of medical proof of all my ailments and injuries and they had the cheek to say I could walk, which really stoked my fire, then they turned down my Mandatory Reconsideration. I filed for a Tribunal.

Now with a new confidence, I was able to stand up to the PIP telephone agents when they warned me that my benefits could be stopped all together. I confronted her and asked her if she is allowed to say such things to people who suffer from fragile mental health? She said it was her job to inform me, so I told her, well I heard that they are human beings at the Tribunal, so I'll take my chances thank you and asked her to send me the form.

I year later, after more scans and help from my local welfare officer (which I strongly advise that you do not go on your own or with family, unless  you have a professional that can guid you on the correct language and keep it focused on the points that you did not get. That is what you are fighting for and they know what they are talking about.
I will say that i didn't have a good feeling about my first Welfare Officer and I changed her. I found her insensitive and talked over me a lot. I felt uncomfortable with her.

My new W/O was amazing. With his report and my doctors, plus my medical evidence I can honestly say that PIP did not have a leg to stand on. I wasn't cocky with it. I remained very subdued about it all and set myself up for what i would do if i didn't win. I was still a bag of nerves and I drank a small bottle of Brandy before. I don't advise this, I was just too nervous, because I needed enhanced so badly.

By the day of the Tribunal, I was up at 3 am setting up my computer for the call. Everything that could go wrong, went wrong! I couldn't connect to the room and i fell apart. The Clerk called me and let me know that everything would be ok, just calm down, take some deep breaths and we will do it by phone. Relief!

I kid you not, my Tribunal lasted 10 minutes! I was asked four questions from the board and PIP. When the PIP asked me a question about my mobility the Judge actually told him off! I wanted to laugh, but I was too worried I would lose.

The three ladies from the board asked me questions about my injury and that's it!
When they said thank you that's all they needed, I was dumfounded.

The same day, I received an email to say that a decision has been made and then I was REALLY worried. I sent it to my W/O and asked him to read it and he said it just says, we have come to a decision and you will be notified via post, as it is sensitive information. We both had a giggle and he told me not to worry, he is sure it went well.

Two days later I relieved the decision. I hid it under my books! Couldn't open it for the life of me. I spent the next two days worried out of my mind, until I came across a video by an ex army soldier by the name of Jacko that came up with saying the word 'Good' every time he comes to a barrier. Because anything that can happen to you, there is always something good that can come from it. Your job is to find it. (NOT everyone - terminally ill, dying etc) but you get what i'm saying.

After watching the video, I went straight to the letter and ripped it open... I WON!

They awarded all my points, 12 on daily and 14 on mobility. I can tell you that my right leg literally gave way and I fell to the floor crying! Tears of joy and relief. The stress and how I have aged, the waiting is over!

I can now retain some freedom of travelling outside in my own car, to appointments to get the help I need for my Agoraphobia. My life will change so much that I will not be applying for this ever again! This will help me to move to the country or coast and build a better life for myself. 

Now the better bit. I called PIP the day I opened the letter and he said to me that the process is pretty fast and that i would probably receive my back dated money before I even got the letter confirming my new benefits. He said that i would receive a call, asking my questions about Hospital stays, holidays etc.. and then said, not to worry, he'll ask me now.
His last question was... will I be ok receiving a lump sum of money, to which I replied.. :smile: "hmmm yeah I think I'll manage"
He said , that's it and good luck with my future. I received the money in my account the following Saturday! So i got paid 5 days after my Tribunal, but I will say that London is a little quicker than elsewhere and it only took two months to have my access level shower fitted from the assessment.

I did it!

Thank you so much to every here that encouraged us to go for it. I owe a lot to you.
It's so important that people know about the Tribunal and how different they are to PIP. So keep up the great work... Once I am fixed, i now look forward to canoeing on the lake district or Swanage on a summers balmy day. 

Thank you.




Comments

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    Good morning @fight4it

    Welcome to the community, it's nice to see you join us and I hope you are well today.

    Thank you for telling us your story, it seems as though it was a bit like a roller coaster at times for you, but I'm glad to see the positive ending. I'm sure that your story will give encouragement to others who might be otherwise doubting whether to take their claim to a tribunal.

    I have moved your discussion over to our PIP category, which I would recommend browsing for other discussions relating to yours, and of course you are more than welcome to get involved around the community wherever you'd like.
  • fight4it
    fight4it Online Community Member Posts: 3 Listener
    Thank you Rose_scope. I wasn't sure where to post it. It was a roller coster for sure and now it's over. I can't stop smiling. ; )
  • fight4it
    fight4it Online Community Member Posts: 3 Listener
    edited February 2022

    [Removed by moderator – this post breaches our community house rules. for being a personal attack towards another member)

  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    edited February 2022
    Hi @fight4it

    Thanks for responding on this thread, again I'm happy to read of the victory you had at the tribunal and I'm not surprised that it meant a lot to you when you got the decision. 

    unfortunately, I have had to remove your latest comment from this discussion for being in breach of our community house rules, I didn't think that it was an appropriate way to address another member and constituted a personal attack. I believe Mike was intending to be supportive, so perhaps there has just been a misunderstanding here, which can happen when using written communication. Do let us know if that is the case.

    In line with our moderation guidelines I will be keeping this discussion closed, but you are of course more than welcome to continue taking part in the community, or if you want to discuss anything further you can get in touch with us at community@scope.org.uk too.

    You said that you will no longer be taking part in the community, which I'm very sorry to hear. If you do want us to remove your membership at all then again please email community@scope.org.uk.
This discussion has been closed.