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Lost tribunal. Advice needed please

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ladylulu
ladylulu Community member Posts: 35 Listener
I had a terrible telephone tribunal. I have long term mental and physical issues. I was diagnosed with fnd 2 years ago so I applied for mobility. Cut long story short, they cut my pip, but awarded lowest mobility. I can't get my head around it.

I nominated my sister all through the process as I'm not good under pressure. I get defensive then panic then freak out. Ti broke down several times and they never allowed my sister to speak on my behalf. 

Basically, despite 400 pages of medical reports, neuro reports, list of mental health diagnosis and confirmation  that my mobility was now highly impared. I lost. Shouldn't my sister have been allowed to speak on my behalf? Am I wrong? 

Comments

  • poppy123456
    poppy123456 Community member Posts: 56,963 Disability Gamechanger
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    You need to request the Statement of Reasons and Record of Proceedings from HMCTS within 1 month of the date of the decision. Please be aware that this timescale is strict so you must do this within this time.
    Once you receive those you need to find an advice agency to have a look to see if they can find the error in law. If this isn't found then you won't be able to appeal the decision. Start here to see what advice agency is local to you. https://advicelocal.uk/
    Your sister would only have been able to speak on your behalf if she's your offical DWP appointee.
    Very difficult to give further advice because no one here knows anything about your case so it's difficult to comment.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    She is my official dwp. She gave her name and submitted documents on my behalf. 
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    I'm in absolute bits. It's not about money it's about being 'believed'. I have huge trust issues and I know I can ramble on the phone. I get defensive. I find it really hard talking about my issues. I feel I'm worth nothing. 
  • poppy123456
    poppy123456 Community member Posts: 56,963 Disability Gamechanger
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    You need to ask her to request these.
     the Statement of Reasons and Record of Proceedings from HMCTS within 1 month of the date of the decision. Please be aware that this timescale is strict so you must do this within this time.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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  • Tori_Scope
    Tori_Scope Scope Posts: 12,508 Disability Gamechanger
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    You're certainly not worth nothing @ladylulu. Many people have experienced similar feelings to you, and want to feel believed and validated, which is completely understandable. 

    How are you feeling today, now that you've had some time to process it? 

    Is your sister able to support you during this difficult time?

    National Campaigns Officer at Scope, she/her

  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    Thank you. I had a complete meltdown. My sister is away atm visiting my dad who is ill. I got hold to the crisis line.


    My sister suffers with bipolar and she helped me with my forms but I should have got advice from my mental health team. One of my ptsd triggers is being questioned about my health. I get very defensive. It's difficult.  The local mental health team who normally do this stuff for me...it all got messed up during covid. I didn't even think I was on their books anymore, it's been a difficult few years and I had  very bad head injury last year. 


    They have said they will help ad I and my sister were in no real state to defend myself. I'm OK today. Just numb. Thank you for caring though. I appreciate it very much xx
  • Biblioklept
    Biblioklept Community member Posts: 4,948 Disability Gamechanger
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    I hope you're feeling stronger today @ladylulu <3 
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    I am. Thank you so much. X
  • AndrewHall
    AndrewHall Community member Posts: 287 Pioneering
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    This one of the reasons why Mike should have never been banned 


    @ladylulu

    One of the things you should look for in the Statement of reasons is if the Judge has made an statement without referring to any evidence and that statement is important in making the decision. 
    Also look for an evidence which was used against you but you know nothing about that evidence. 
    Or did the Judge rely on something which was not put to you at the hearing?

    Look for these things as your starting point before seeking advice. 

    Good Luck


    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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  • Girl_No1
    Girl_No1 Community member Posts: 152 Pioneering
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    This one of the reasons why Mike should have never been banned 


    @ladylulu

    One of the things you should look for in the Statement of reasons is if the Judge has made an statement without referring to any evidence and that statement is important in making the decision. 
    Also look for an evidence which was used against you but you know nothing about that evidence. 
    Or did the Judge rely on something which was not put to you at the hearing?

    Look for these things as your starting point before seeking advice. 

    Good Luck


    I haven't been around on here for a long time.  I didn't realise Mike had been banned, I'd assumed he'd decided to quit as he seemed to receive very little support when he was correcting (the very many) misconceptions people have about their rights.   

    I think it is a very genuine shame he was banned.  His advice allowed me to have the courage to make an appeal after MR, which I won (enhanced on both) prior to the Tribunal taking place.

    I'm sure, though, he will be providing support to those in need in other ways, in other places.  
  • AndrewHall
    AndrewHall Community member Posts: 287 Pioneering
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    @Girl_No1

    It is indeed sad the Authorities feel threatened by anyone who is encouraging people to enforce their rights. 

    Though Mike is banned here, I continue to read and follow his exceptional advice in one of the other forums he is active.

    Never allow DWP assertions to define you. They never have evidence of your true circumstances.
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    Which forum please? 
  • poppy123456
    poppy123456 Community member Posts: 56,963 Disability Gamechanger
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    ladylulu said:
    Which forum please? 

    What you need is expert advice from an agnecy near you. It's very difficult for anyone to give you such advice because we don't know anything about your case. https://advicelocal.uk/ use that link, put your postcode in and choose the topic "welfare benefits" it will tell you what's local to you.
    Have you requested the Statement of Reasons and Record of proceedings yet?

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • ladylulu
    ladylulu Community member Posts: 35 Listener
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    I have done the request. The CAB and someone from my mental health care team are supporting me. 

    I have just spoke to the court and the woman there agreed my sister should have been given at least the option to speak, to confirm certain things. I was able to go into a bit more detail with her. I had a serious head injury last year and I'm getting Neuro o/t as I'm.still getting effects from that. I also start rape counselling next week. The court weren't informed of this. When the tribunal treated me as I was on trial, rather than someone who needed their help, I couldn't deal with it. I have cptsd, Anxiety disorder, chronic depressive episodes, EU personality disorder, Functional Neurological  Disorder and insufer with Cluster headaches. 


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