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pip tribunal nightmare

ccc
ccc Community member Posts: 7 Connected
edited August 2018 in PIP, DLA, and AA
Hi we just had a pip tribunal yesterday for a benefit first applied for 18 month ago.My self and my husband went along to support our 22 year old daughter who has aspergers and it was a nightmare. The legal person said they would go gentle and not to worry but omg the Dr on the panel was very abrupt bordering on bullying i would say and she also brought up our daughters sexual health in front of us her parents the dss person and 9 people in total in the room it was so embarressing and remember this was for aspergers! When we came home we all cried and my daughter has vowed never to leave the house again.I have been coaxing her to go out with me shopping and such to try and build her confidence up and this has set her back years!We feel like the doctor has over steped the mark and my daughter is in bits and feels violated it was so degrading is this normal? I hope someone answers because we feel so alone.We are still waiting on the decision letter but we don't hold out much hope of being awarded anything it was so awful.thanks in advance for any replys.

Comments

  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    That's horrendous! Why on earth would he need to know that?! And even if he did, he could at least have given her the choice to have you guys leave the room.
  • Waylay
    Waylay Community member, Scope Member Posts: 973 Pioneering
    Was her claim only for Asperger's?
  • ccc
    ccc Community member Posts: 7 Connected
    hi yes just aspergers and it was a woman doctor who asked these things i was mortified and so was my daughter
  • CharlieA
    CharlieA Community member Posts: 3 Listener
    I wanted to say how sorry I am for your daughter and family. I went through a similar experience but not with Pip, with Mental Social Care. The doctor accused me of lying about my serious illnesses and I broke down and lost my entire faith in everyone medical/NHS. I am still very much affected and I understand how your daughter feels. She is grossly let down and betrayed. I let the doctor know what he did, and the rest of the Social Care team. I think you should do this and with your daughter by making a formal complaint. Show each other that you can make a stand and give her some strength and confidence by fighting back. This will not affect your claim, in fact, it may strengthen your cause. If your daughter can't face it, then with your husband make a start for her and show her that you are her support and protection. Once she can see you making a stand, I feel that her strength and control will come back. No person should be violated and treated disgustingly as your daughter has. Ask questions, was he a specialist in Aspergers? How does he qualify? Contact the Aspergers UK support networks. Contact your daughters GP and medical support. Get help for your daughter for her mental status through the GP. Thereis an organisation called 'MIND'. They have helped me and so many go through the mental difficulties of having Chronic illnesses. 

    Please know that these are just suggestions, it is harder to face as I personally am still struggling with how I have and am being treated to this day. But her GP can help and has the position to assist with your claim. Please let your daughter know that she is not alone and it is understandable about what she is going through and has all the right to feel the way she does. Please keep in touch as to how your daughter is doing or whether you will get some help and support. Take care. 
  • ccc
    ccc Community member Posts: 7 Connected
    CharlieA thanks so much just knowing we are not alone is a big help.I don't  know where to go next but i really think we should put in a complaint about this. The dss person that was there hardly said anything i think she probably saw the battering that we were getting from the Dr and didn't bother saying anything.Ihave never seen anything like this in my life.I think a trip to my daughters gp is next to see what she can do to help.
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    @ccc I definitely would put a formal complaint in as this sounds disgusting.

    You all must be so traumatised by this.

    Im not sure where you would put the formal complaint in, maybe look at the tribunal letter and see if it tells you or call the tribunal office and ask them to send out information on how to complain.


  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
    Goodness me, I'm so sorry to hear about your experiences, @ccc, and you too @CharlieA. I'm truly sorry to hear about what you and your families have been through.

    If you'd like to consider making a complaint as Susan has suggested above, you can find the HM Courts and Tribunals Process complaints procedure here.
    Contact the office where the problem happened, as it will be best placed to resolve your complaint.

    You can complain about services online through Resolver. Read Resolver’s privacy policy.

    You should normally receive a response within 10 working days.
    If you want to give feedback on specific courts and tribunals, contact them directly

  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    From my own experience and reports from others, tribunal doctors put more pressure on people than other tribunal members.  I don't know why.  But your doctor sounds beyond the pale.


  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    The doctor I had at my tribunal was the one who asked most of the questions and was very abrupt and standoffish.

    There no need to behave that way, fullstop 
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited August 2018
    susan48 said:
    The doctor I had at my tribunal was the one who asked most of the questions and was very abrupt and standoffish.

    There no need to behave that way, fullstop 
    It seems to be the norm for doctors at a Tribunal hearing. I remember well of the day I spent at a Tribunal on behalf of my wife who was unable to attend to argue for an AA claim. After being told by the doctor that I was nothing more than a drug dealer and should be reported to the police, all hell broke loose when I verbally attacked his stance. The whole hearing from that point onwards descended into chaos. Suffice it to say that my wife lost her appeal.

    Of interest to all as to what started this off he asked me what would I do if my wife's pain would not subside and she had run out of her medication. I explained that as she was prescribed amongst other things, Oramorph I would give her some of mine that I was also prescribed.

    Clearly the doctor did not live in the real world. I suppose he would have expected me to say that it was my wife's fault for not having enough of the medicine in the first place so she should suffer for her error. 
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    @Yadnad, that’s awful, of course you’d do anything to help someone in pain.
    It’s not like your wife hadn’t been taking the medication!
    Sounds like the doctor at your hearing was looking for a reaction.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    susan48 said:
    @Yadnad, that’s awful, of course you’d do anything to help someone in pain.
    It’s not like your wife hadn’t been taking the medication!
    Sounds like the doctor at your hearing was looking for a reaction.
    Well he damn well got one! To suggest that I was a drug dealer really wound me up. I told him a few home truths about his profession and what I thought of it. And suggested that if he wasn't going to call the police I would there and then.
    The poor judge tried to intervene but I was on a roll and had no intention of letting the doctor off the hook. I told the judge that I would cease if and only if the doctor on the panel gave me there and then a full and public apology.
  • Pin
    Pin Community member Posts: 139 Pioneering
    To go back to the initial post, so sorry to hear this happened. Was there any context?
  • ccc
    ccc Community member Posts: 7 Connected
    The context was      Tell me about this trip to the dr you made last year because this would suggest a sexual relationship thats what the context was    I am disgusted by this so anyone with aspergers cannot have any kind of relationship and receive benefits? oh and she wasn't in a relationship she hasn't left the house and after that tribunal 4 days ago which by the way we have not received a decision on yet she has said she will never leave the house again!
  • susan48
    susan48 Community member Posts: 2,221 Disability Gamechanger
    @ccc are you making a formal complaint about the tribunal doctor.

    I hope your daughters ok
  • Pin
    Pin Community member Posts: 139 Pioneering
    How very strange - was the inference that if she was in a relationship then she must be able to socialise? I can’t understand why that would be asked.
  • ccc
    ccc Community member Posts: 7 Connected
    The question wasnn't answered my daughter is not ok it is goint to take a long time to recover from this.I am thinking about making a complaint
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    Well let's be honest any relationship sexual or otherwise has to be worked at. It can be draining and tiring not forgetting the question of emotional and psychological difficulties at times.

    Maybe the suggestion was all about how she coped in close proximity with another person?
      
    It does however seem a strange subject for them to want to explore. I wonder if it is an offshoot of the statement of being able to drive a car?
  • ccc
    ccc Community member Posts: 7 Connected
    You say that like it's normal to bring up a persons medical sexual history,how would you like your sexual history discussed in a room full of strangers?especially if you suffer from anxiety and mental health problems and what exactly does the fact that long ago she passed her driving test?she hasn't drove from her test and is not likely to either.This is not normal questioning this has put her back years yadnad do you work for the dss? are you trying to justify this line of questioning?Ther is no justification for this behaviour from a tribunal panel.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    ccc said:
    You say that like it's normal to bring up a persons medical sexual history,how would you like your sexual history discussed in a room full of strangers?especially if you suffer from anxiety and mental health problems and what exactly does the fact that long ago she passed her driving test?she hasn't drove from her test and is not likely to either.This is not normal questioning this has put her back years yadnad do you work for the dss? are you trying to justify this line of questioning?Ther is no justification for this behaviour from a tribunal panel.
    I never said it was normal. I was putting forward some possible explanations why that line of questioning was thought to be appropriate by the panel.

    I do agree it was strange and that is what I said in my post.
    You could well argue that there is no reason to question if you drive a car, but they do so with regularity.

    As for my sexual history I would have to tell them as it is - at 70 there isn't one and hasn't been one for the past 35 years due to physical damage caused by gunshot! 

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