PIP tribunal representative — Scope | Disability forum
Please read our updated community house rules and community guidelines.

PIP tribunal representative

LilyD
LilyD Community member Posts: 10 Listener

Hi guys,

I guess having an experienced representative accompany with me in tribunal will be better and get higher chance to win, and I will not be as nervous, can anyone recommend an organisation? I live in Kingston. I only found fightback4justice so far. Please recommend any other organisations or share your experience with me if you chose fightback4justice before, thanks!

Comments

  • debsidoo
    debsidoo Community member Posts: 325 Pioneering
    Hi @LilyD
    Do you have a support worker or carer who could attend the tribunal with you.
    A representative does not have to be from an organisation it can be someone who is with you on a daily basis and can speak on your behalf.A lot of organisations are unable to attend tribunals as there is too high a demand.You could try Age U.K. but CAB don’t offer this service.Good luck.
         Debsidoo.x

  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    debsidoo said:
    Hi @LilyD
    Do you have a support worker or carer who could attend the tribunal with you.
    A representative does not have to be from an organisation it can be someone who is with you on a daily basis and can speak on your behalf.A lot of organisations are unable to attend tribunals as there is too high a demand.You could try Age U.K. but CAB don’t offer this service.Good luck.
         Debsidoo.x

    The poster is asking for a legally qualified individual to represent him which is a lot different that a friend or relative 
    What I can say is that with that level of support the claimant would feel that they are in the best place possible.
    I've been there and it was fantastic to see how they work and how they deal with the Tribunal.
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    A carer, friend, partner etc would not be able to speak on behalf of the claimant unless they are their appointee. 

    Welfare rights often represent people at Tribunals and help with the process all the way through. Fightback charge people, so be careful of that. 
    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.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    edited August 2018
    A carer, friend, partner etc would not be able to speak on behalf of the claimant unless they are their appointee. 

    Welfare rights often represent people at Tribunals and help with the process all the way through. Fightback charge people, so be careful of that. 
    Welfare Rights by definition would include the likes of the CAB, AgeUK, DIAL who don't represent at tribunals.
    Are you thinking of specific ones that do?
  • LilyD
    LilyD Community member Posts: 10 Listener
    I have called some local supports but have not found one who can provide a representative apart from Fightback, it is pricy but as long as I can have higher chance to win the case I don't mind paying. But saying that, if I can spend less will obv be better.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    LilyD said:
    I have called some local supports but have not found one who can provide a representative apart from Fightback, it is pricy but as long as I can have higher chance to win the case I don't mind paying. But saying that, if I can spend less will obv be better.
    Doesn't surprise me that most charities won't attend. They are too busy with hordes wanting their help.

  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    I'm not sure you necessarily do stand a better chance of winning if you have a rep as the panel will expect you to answer their questions, not the rep.  I won my appeal with no representation and other members of the forum have reported the same.

    Disability Rights UK site (DR) publishes a Handbook that gives a description of PIP tribunal proceedings, as well as info on benefits.  £18.50 from DR site or probably available in your local reference library.

    The main thing to remember about PIP tribunals is that the panel will ask a lot of questions to find out what you can and can't do.  The doctor might apply the most  pressure; don't take it personally.  And don't let the panel lead you to say you can do more than you can; they are testing you.

    If you are asked for how long you can walk, not how far, don't just give a time but say it takes you X minutes or seconds to walk Y meters.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    Stats show that people who go it alone at a Tribunal have less than a 50% chance of winning. Those with a legally qualified rep with them have a 71% of winning.

    I agree that the claimant has to do all of the work but will have not have had any advice on the pitfalls that they may accidentally fall into that could result in a poor outcome. The rep will 'tutor' the claimant before they step into the Tribunal room. Also, and I have had experience of this, that where a question arises appertaining to a legal point the rep will deal with it addressing the panel. 

    Put it another way would you be just as happy to appear before any other court without legal representation even if one was offered to you?

    Those that go it alone are in the main likely to lose because they have no idea what they put on the claim form, they haven't read and understood the appeal bundle, they have no idea on how to prepare and submit a proper submission and above all, they don't understand the PIP process (descriptors - what are those) and finally are inarticulate and have no hope in putting forward their own case and could easily be led. 
  • debbiedo49
    debbiedo49 Community member Posts: 2,904 Disability Gamechanger
    It basically depends on how well you present your case on the day. My WRO missed the same points I did that would have got me a higher award. I met him once a few days before my tribunal as they are so busy. But im glad I had them there. 
  • Peasmold_01
    Peasmold_01 Community member Posts: 144 Pioneering
    Do you have a Community Law Centre near you? If you live near Kingston then try one of university law schools  they often have advice and support groups. Some will even have final year students who are encouraged to undertake Pro Bono work to give them experience. CAB are overwhelmed, and in my humble opinion, not very good in representing or advising on appeals to the Tribunal. If you are going to pay for a solicitor /legal representative make sure you pick one who has expertise in Welfare Law. Good luck 
  • LilyD
    LilyD Community member Posts: 10 Listener
    I am trying to contact Community Law Centre but no one picked up the phone, gonna keep trying. I have not looked for law schools yet, will do that as well, I also got a law firm quotation, £1,980. Compare to that, fightback is still cheaper, maybe if I really want to win the case, paying is unavoidable...
  • poppy123456
    poppy123456 Community member Posts: 53,330 Disability Gamechanger
    That's an insane amount of money and I think it's wrong that people charge vulnerable people. Just my opinion, that's all. Good luck with your Tribunal.
    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.
  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    That's an insane amount of money and I think it's wrong that people charge vulnerable people. Just my opinion, that's all. Good luck with your Tribunal.
    No choice really for many due to the lack of resources.
    I too feel like you that it is wrong and if it was me, on principle, I would sooner do without the benefit than pay money for something that the government should properly fund.
    But on the other hand I can understand the non disabled that work and pay their taxes thinking that it isn't right that the tax they pay should go towards helping people to claim more money out of the benefit system.

    A bit of a dilemma 

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.