Tribunal hearing — Scope | Disability forum

Tribunal hearing

sarahsismey
sarahsismey Member Posts: 6 Listener
Hi. I was just wondering if anyone has had a tribunal hearing to have your benefit reinstated? My dad is not well, Assessor came round and lied about all! It was challenged via MR but now he has got to go to a Tribunal Hearing. He was on DLA indefinite and has been without benefit since last April so he’s borrowed money from the family. I just feel disgusted that the lying Assessor from Capita has now put my dad under MORE stress as she lied and she’s still getting paid even for all the bull she noted down!!!!

Comments

  • Tricia1912
    Tricia1912 Member Posts: 41 Courageous
    Hi sarahismey that’s disgusting how do these people sleep at night. Surely with so many people putting complaints in about capita alarm bells should be ringing or am l niaeve. 
  • jackykins
    jackykins Member Posts: 15 Connected
    i believe all assessments should be recorded by both parties most of the people that do the assessments don't know what the hell we are going through and don't really want to be bothered it makes me so angry do they think we enjoy being disabled I am not naïve enough to think there are not people who try to cheat the system but they are few 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @sarahsismey

    Many members have won their tribunal appeals myself included.

    It's important to remember with PIP that points are awarded for how your conditions affect your daily living and mobility, not for the conditions themselves.  And your DL and mobility have to be be enough to qualify at least 50% of the time, i.e. at least 4 days  week.  And you should score at least some points for using aids, especially if you struggle even using aids.

    Disability Rights UK site (DR) has a good guide to all aspects of PIP as does the Disability Rights Handbook available from the Disability Rights UK site, price £15 - Handbook has a good section on appeal hearings.

    Have a good look at the list of the PIP descriptors on the DR site.

    Appeal hearings are inquisitorial, panel might well grill you.  They are not trying to upset you, just trying to establish what you can and can't do.

    Try and get some local f2f advice, CAB or similar.Scope helpline might be able to tell you about local advice.
  • whistles
    whistles Member Posts: 1,583 Disability Gamechanger
    This is really disgusting. 
    Why does it have to take so long to process. Is the back log that huge!

    This is one thing that scares me about the MR route, the time frame and impact on health during it.
    Do not follow me, I don't know where I am going.
  • sarahsismey
    sarahsismey Member Posts: 6 Listener
    Huge thank you to all of your comments
  • Neil06
    Neil06 Member Posts: 23 Connected
    Hi @sarahsismey sorry to hear what your dad is going through have you got the date of his tribunal yet? I am waiting on my tribunal date as Capita assessor lied on everything on my assessment. Have you put a complaint into Capita round what the assessor has put and what this has done to your dad and what he is going through now? If you do put one in make sure it is in writing and keep a copie the letter you sent and send it recorded delivery and print off who signed for it make the court aware that you have put in a complaint to Capita and show them the postage and your letter you sent has the court will use this as evedince.
  • sarahsismey
    sarahsismey Member Posts: 6 Listener
    Hi Neil06.  Yes a complaint was put in to Capita reference the falsified assessment report but they apparently looked into it and now it has to go via a telephone number that my dad has been given to still complain :-(.  I really don't see how the assessors lying about assessments is get away with it - it is  COMPLETELY WRONG.  The Government DO NOT realise how stressful it is for disabled! To be fair, I think all disabled people would LOVE to be WELL but they have to deal with it, which I think really all disabled to me are being discriminated against because they are trying to get what is theirs to have, due to their issues.  It has got to change! My dads Tribunal Hearing is this month.  OMG. Fingers crossed. 
  • susan48
    susan48 Member Posts: 2,222 Disability Gamechanger
    Well said sarahsismey,
    i totally agree, it’s completely wrong.
    i hope your dads tribunal goes in his favour, we seem to have to fight each step to what we deserve.
    i had my tribunal last Monday, called today and I won.
    its very had, emotionally and physically but try and stay strong.

    susan

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