Tribunal advice

2

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  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    She is or will be in the morning thanks for the tip . She's appointed to speak for me . Thanks ?
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Hi @Paddy74, we wish you the very best of luck with your claim!
  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    Thank you do I need to call and put Nic as my appointed person . Is if they call me ?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    To become an appointee for someone they must have a reason to do so. This reason is usually because they don't have the capacity to look after their own money and make and receive phone calls for theirself. Becoming an appointee for someone can take weeks, because the person wanting to become someone's appointee needs to ring DWP and ask. They will then send a DWP representative to your home who will then ask you both questions on the reasons for wanting this. You also both have to agree and the appointee then needs to sign the forms. The representative then puts all the information onto the computer and then the process is complete but can also take up to 1 week after the appointment.

    If this hasn't happened and your wife isn't yet your appointee then she won't be able to talk on your behalf at your Tribunal on Friday. If a representative was supporting you then this is different and they would be allowed to speak on your behalf.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    https://www.gov.uk/become-appointee-for-someone-claiming-benefits

  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    Shall give them a call now as she speaks to them on the phone for me already 
  • N_J_12345
    N_J_12345 Online Community Member Posts: 9 Connected
    edited August 2018

    I've not been through this process however, I have been told that the whole PIP process is design to see if the claimants can do activities safely, repetitively & in a reasonable timeframe so try and elaborate on points and explain that if you cannot do something rather then saying 'No I cant do that' and leaving it up to the assessors or tribunal board to assume why you cant (not sure on the tribunal process) try and elaborate as much as you can and say 'I cant do that as I don't feel safe because...., and doing this activity would take me a lot longer than someone without my condition would be able to do because.... , also this would put me in further danger because....'

    This might sound like I'm telling you something you already know but from what I've seen online, a lot of people don't elaborate and even though they've got genuine illnesses, they are leaving it up to the assessors to assume part/all of their answer because they aren't elaborating or explaining themselves.

  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    Good tip thank you . I need straight talking . Only way it sinks in 
  • Yadnad
    Yadnad Posts: 2,892 Championing
    Paddy74 said:
    Shall give them a call now as she speaks to them on the phone for me already 
    And that is NOT classed as being your official appointee.

    In any court of law in England (and that includes a Tribunal hearing) there are strict limitations as to who is allowed or not to speak to the panel.

    Yourself
    Your legally appointed appointee
    Your qualified legal advisor/Welfare Rights Officer
    A witness.

    Anybody else can speak but only when invited to do so by the panel.



  • Yadnad
    Yadnad Posts: 2,892 Championing
    N_J_12345 said

    This might sound like I'm telling you something you already know but from what I've seen online, a lot of people don't elaborate and even though they've got genuine illnesses, they are leaving it up to the assessors to assume part/all of their answer because they aren't elaborating or explaining themselves.

    From an assessors point of view they are there to assess if someone has a genuine claim. I agree it is vital to put over the full case so to speak, but some assessors would prefer it for you not to be given that opportunity.
    All they want is either a YES or NO with little if any elaboration. In fact if you do try to elaborate you will find yourself being asked a new question before you could finish with your explanation.

    Why would the assessors be expected to listen to a highfalutin explanation when they are clock watching so as to get as many assessments done in the shortest period of time. They are paid by quantity not quality! 

  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    Well just back from the tribunal. Went from 2 points to 7 . 1 point under what can I do now . Give up and start again . Or can I contest the tribunal and how . Feel so let down 
  • thara
    thara Posts: 47 Contributor
    Hi there 

    You have to contest the decision. Ask for a mandatory reconsideration immediately do not hesitate to do so. Gather all the required evidence. Also ask your local CAB office for advice and support. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    thara said:
    Hi there 

    You have to contest the decision. Ask for a mandatory reconsideration immediately do not hesitate to do so. Gather all the required evidence. Also ask your local CAB office for advice and support. 
    Unfortunately that's not possible here because it was a Tribunal. You can't ask for a MR after a Tribunal.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    edited August 2018
    Paddy74 said:
    Well just back from the tribunal. Went from 2 points to 7 . 1 point under what can I do now . Give up and start again . Or can I contest the tribunal and how . Feel so let down 
    I'm sorry to hear that. Only way to appeal this decision is if an error in law was made. You'll need to ask for the statement of reasons and find someone who knows what to look for in finding that error in law. If not then your only option to to start again and re-apply. If you take this option then i advise you to get help with your claim.
  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    So you just got to take it and start again . They try and knock the fight out of you ?
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    If that error in law wasn't made then yes i'm afraid so. You won't know until you ask for the statement of reasons.
  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    Ya best get your new claim filled in properly. By the charities . Such hard work 1 point out . Not gonna let them win probably in a better position now as more meds and help blah blah . Are the records from this claim held for a new one 
  • Paddy74
    Paddy74 Online Community Member Posts: 23 Connected
    How do I get the tribunal records to get checked ?

  • susan48
    susan48 Online Community Member Posts: 2,213 Championing
    @Paddy74 I think you ask the tribunal office for a recording of the hearing and a statement of reason.

    If I’m not correct I’m sure someone will know.

    Sprry to hear you didn’t get the award you hoped for
  • poppy123456
    poppy123456 Online Community Member Posts: 64,456 Championing
    Yes you need to ask the Tribunal for the statement of reasons.

    If you start a new claim then you will need to send all your evidence again, i would definitely get some help with the forms etc if this is what you plan on doing.

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