Tribunal options

MyHappy256 · February 18

Some kind soul at the DWP has notified me that the MR decision upholds the assessor's decision, not really surprised.

Lost my motability car now, but I don't really need it as I will be going into hospital again for another big operation to try and remove my cancer.

Deciding which route to take

The decision is flawed and there are so many holes in the assessor's argument as usual, the MR if it had been anything other than a tick box exercise should have decided in my favour, but it is what it is, so tribunal I guess.

My first objective in taking this to tribunal is to see if someone has contradicted my medical evidence or stabbed me in the back, usually when it goes to tribunal you get to see any evidence the assessor has collected. (I once went through Tribunal and found my then GP had contradicted her GP letter and filled in a report behind my back which was ambiguous and used by the assessor to undermine my case)

The other objective is to get heard about what a bad decision the DWP made.

There seem to be several routes for the tribunal, one is a fully paper route where you can do it online and you don't have to attend and the tribunal just review the evidence. I am just wondering whether I will get to see sight of any evidence the assessor has collected if anything?

I previously posted I have also had a change in circumstances, been diagnosed with bowel cancer and going to hospital for them to do a permanent stoma, I have been in an out of hospital over the last 3 months with kidney failure etc. and in the assessor's decision it says I am under the care of the GP with occassional visits to the hospital. So new information after the fact contradicts this.

Do I fill in a new PIP form for change of circumstances or proceed to tribunal and then if need be complete a change of circumstances?

What do you think?

Emilee · February 28

Whichever type of tribunal you choose (paper-based or in person), the same evidence will be considered, and the same evidence should be made available to you. In-person tribunals tend to have higher success rates, with paper-based decisions are generally less likely to result in a change to the award.

A tribunal’s focus is on how you were at the time of the original assessment, not how things may have changed since. If you submit a new PIP claim for changes in your condition, and the tribunal still awards you PIP based on your current circumstances, the payment will generally only be backdated to the date you made your new claim.

kittycatkay · March 1

tribunal at present is taking ages to get date i appealed jan 25 and the date 13th April 26 came yesterday however I have a complex appeal and 2 appeals have now been linked together and the dwp and complaints department has stated no errors and the mp is just useless and even ice have said that they agree with dwp so I will have to go tribunal and hopefully the judge will see the full amount of issues with my claim dwp have confirmed that they agree with my daily living increase from may 24 and my 2nd appeal is linked to the mm mj rj judgement and the fact that the 1st appeal is paper based assessment and done with the same 2018 hp report that they have now changed to award me 10 points for mobility and 10 care however its only to 2021 so its all a bit messy but I will not trust welfare reform as they shredded important paperwork

so I have to do it all myself and my mental health issues and can't eat or sleep with the stress I'm hoping that the appeal date is the last and get the full award of my claim

only if you are able to cope with the constant stress and upset and the waiting for the appeal process as its really not been good for me and my disability

MyHappy256 · March 7

Thank you, I went with the paper based appeal, you're right, I wouldn't be able to handle the stress, I feel as if this is how they are preying on us, because it is such a burden of stress.

3 weeks before my op to try and remove my cancer, it has been quite a challenge whether to keep going or just give up, but I have decided to keep going, I want to live for my dog, she is an absolute sweetheart and an angel.

I asked my GP if I refuse the operation if it would qualify me for PIP under special rules, it obviously would, but that's a self defeating prophecy, because then I would have to go down the pallative care route with endless chemo keeping me alive with no quality of life and what would be the point of claiming PIP in the first place.

I have since read that there is only a 20-30% chance to win a paperbased appeal, but as you say there is a lot less stress.

If I survive my op, and the appeal either hasn't been heard or is not in my favour, I think then I will re-apply for PIP with a change in circumstances, least then I know all the things I didn't know at the time of my assessment.

Thanks and I hope I haven't said anything too negative, please edit out the bits if I have!

Tribunal options

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