PIP, DLA and AA
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PIP tribunal ultimatum

frustratedturtlefrustratedturtle Member Posts: 5 Listener
edited October 2018 in PIP, DLA and AA
im 27 mearly 28 years old I have ASD, BPD, agoraphobia and panic attacks amung my mental health issues and severe arthritus in my lower bavk and tachycardia and hypotension due to medications im on.
im currently at 53 weeks waiting for a pip tribunal my best friend had hers today and was refused her 1 point for DL and no mobility (even though our case worker from the local council said she was) today has been hard and now I'm terrified the judge said "you can carry on with your appeal an possibly loose your award or stop now and leave with what you have"... this feels like an ultimatum/black mail and I'm very worried 

Replies

  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @frustratedturtle   Pleased to meet you welcome. Thank you for joining and sharing.

    So sorry what has happened I am sure to give you reassurance the whole community can identify what you are going through.

    Might be in touch and offer their support.  You are not alone.

    We are a supportive, friendly community. Care and share.

    Please ask if we can advise on anything. Some one will know.

    Please take care.

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    A little confused with your question, sorry. Can you just confirm what i think you mean.. you've been contacted by the Tribunal and told you can either carry on and risk losing everything you have or take the award you currently have, is this correct?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • markyboymarkyboy Member Posts: 374 Pioneering
    No what she means is that at the start of her friends tribunal the judge explains that the decision could mean that you end up with less than what you have got and gives you a choice to carry on or cancel the tribunal and keep what you have got 
    I was told this at my tribunal and i think it is standard procedure
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    It is not standard procedure. A warning is given because the tribunal have previewed the case and can’t see the basis for any existing award let alone an improved one. The only way to deal with this is to adjourn and get a representative who can assess the merits of the case. I’ve won several cases where a warning was given by a tribunal but the case was won at the hearing after an adjournment. 

    The mistake here was in going ahead after being given a warning without asking about or understanding the consequences.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    If tribunals are minded to reduce a current award then usually they will give the person an opportunity to withdraw their appeal and keep their current award - which is a very fair thing to do.
  • frustratedturtlefrustratedturtle Member Posts: 5 Listener
    yes my friend is about 6 weeks ahead of me on the tribunal waiting list she had hers on the 10th and she had a representative from the local council who took on her case as she believed it would win, after being questioned and sent out and back in and sent out for a second time she was then given this ultimatum. although she said our cases are different and I might have a different judge, I'm still terrified about my tribunal. my mental health is already bad and has been getting worse over the last year since this all started. im worried they won't understand how my ASD effects my day to day life and how ASD combined with BPD makes it impossible for me to go out unassisted or unmedicated, I've been house bound for 5 years due to agoraphobia and panic attacks and anxiety! only in the last year have a finally gotten home support, and I am worried I am going to look like the progress I'm making makes me ineligible for the pip I feel will help me. I have to self fund and I use my pip to pay for this and I can only afford 2 hours a week it's not enough and to make anymore progress I will need more hours, I don't know how to get this over to them with out being penalised for trying to better my life.
    thank for the responses to this I'm new so please forgive the late reply and not knowing how to respond to a specific person ^_^ 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @frustratedturtle   Thanks for sharing. I am concerned about your mental health.

    Please can I suggest have you been on line for any additional support. Mentioned have to pay through PIP for support.

    Understand this. That is just an idea to look on line because I know every one deserves to have their mental health dealt with and supported with. In a decent manner. To understand themselves and to try to cope if there is a way to do this.

    I have always used charities. Only once used council and had a bad experience mainly the time limit and the budget cuts. One moment had support next got nothing.

    Saying that most charities are going the same as well. All I wanted add is many can help, advise and  how to manage the conditions you have.

    I have used the tools, advice, information they offer not only for me to benefit myself but on here this forum to help and assist others.

    Like your self. Not telling you but gently guiding and informing how as a member I can be supportive.  Offer words and of comfort if I can.

    Having been there many times and still am. You are a valued member of our community.

    Hope that helps.

    Pleasure to meet you

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • frustratedturtlefrustratedturtle Member Posts: 5 Listener
    Hello @frustratedturtle   Thanks for sharing. I am concerned about your mental health.

    Please can I suggest have you been on line for any additional support. Mentioned have to pay through PIP for support.

    Understand this. That is just an idea to look on line because I know every one deserves to have their mental health dealt with and supported with. In a decent manner. To understand themselves and to try to cope if there is a way to do this.

    I have always used charities. Only once used council and had a bad experience mainly the time limit and the budget cuts. One moment had support next got nothing.

    Saying that most charities are going the same as well. All I wanted add is many can help, advise and  how to manage the conditions you have.

    I have used the tools, advice, information they offer not only for me to benefit myself but on here this forum to help and assist others.

    Like your self. Not telling you but gently guiding and informing how as a member I can be supportive.  Offer words and of comfort if I can.

    Having been there many times and still am. You are a valued member of our community.

    Hope that helps.

    Pleasure to meet you

    @thespiceman
    thank you so much for your support, I am under the mental health and doctors, but as anyone who has been or is currently fighting for benefits will know the stress is unimaginable and the fear and anxiety goes into overload and I've been like this on and off for the last 11 months not knowing when my date will be and how long I will have to wait every time I call the Birmingham office the wait time has gone up. it feels like I have a carrot on a string in front of me but I will never reach it. (if that makes any sense) then a month ago my friend got her letter with her date and now my panic has gone through the roof and all the things I do to try to combat my stress and anxiety aren't working anymore... maybe I should phone my GP just to let them know... I may email the lady who is dealing with my claim and see what she says. I'm just so confused and honestly don't know how to express and get across my fears and have them taken seriously. thank you for allowing me to have a space where I can vent my frustration and be with people who really do understand x much love to you all 
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @frustratedturtle   Thank you for contacting me. I am sorry what has happened and as a member of the community can and do agree with you.

    Regarding your mental health.  

    I am one of the community champions of the forum. Always aware of my own issues but have time to listen for others who are similar.

    All I was trying to say the Doctors can do what they can  The best job and the role they play is vital.. I have been involved in coping with what I have and realised this forum . Met others like myself.

    One of the points I raised is knowing what the coping mechanisms are and dealing with it.

    When I joined a mental health charity first one of many.  I am an old fashioned gentleman . Proud and had to accept from the ladies who were support workers. The best guidance they could give.

    No one likes be told what to do especially my self but you learn to cope and be aware of what you need.

    May I suggest have a look on line consider what you might need. Many of the charities I will admit are overburdened , some underfunded. Yet they offer much help and support.

    I also learnt some of the ladies from the very start had to adapt and if I did not move me out and on really to the next client.

    What I found was a groups of people similar to me.  My age group. Some charities have female only support workers and related women's groups as well.  Something to consider.

    Us gentleman want a male support worker forget not many around.

     I was nervous and had no confidence. My anxiety was sky high   Have addiction history . Clean and all that but still have mental health issues.. Yet had to when I joined one charity.  Gave me a plan and some goals. Never easy any of it.

    Over the years use this and my coping, wellbeing to help and inspire others.

    I forgot one vital, crucial aspect they help with benefits, assist at interviews and give you the impetuous to move on .

    Although time may be limited .

    You have to sit down sometimes and make some plans and decide what is best for you. I know you want to cope with this. Have a look at our mental health posts. Trawl around the forum. I do this most days find hope and inspiration from others.

    Am always here  think what do I need.  

    I know had to listen and decide , be educated and got guidance from many of the ladies from the forum.

    Thanks to them. Many have become my friends and we message daily. We all of us try to inspire, give hope to the those who need it.

    Sorry for long post just a gentleman, sharing and caring. Walked a mile in your shoes. Always be and have these issues but know how to cope.

    I do know we are here to help.

    Please take care

    @thespiceman




    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
  • markyboymarkyboy Member Posts: 374 Pioneering
    When i was given an ultimatum and decided to go ahead with the hearing i ended up getting a bigger award i must of convinced them to change their mind
  • frustratedturtlefrustratedturtle Member Posts: 5 Listener
    markyboy said:
    When i was given an ultimatum and decided to go ahead with the hearing i ended up getting a bigger award i must of convinced them to change their mind
    i told my partner about this, and he agrees if this is something they do say to me.. that I will say I want to continue! they will listen and I will make them understand how much this award will mean for me in my day to day living and to help me gain more access to the out side world and I'll just have to hope that's enough 
  • markyboymarkyboy Member Posts: 374 Pioneering
    Well said it's like a boxer going in to the ring after 6 months of preparing and saying wow he looks bigger than me i am going to lose better to call the fight off
  • YadnadYadnad Member [under moderation] Posts: 2,862 Disability Gamechanger
    Size isn't important, it's how you manage to stay calm and collective at the Tribunal. It's a bit like a game of chess, you have to plan and play your moves 2/3 moves ahead.
    Going in telling the Tribunal that they will sit and listen to what you are to say is not going to gain any brownie points.
    Sometimes it is better to lose a battle in order to win the war.
  • mikehughescqmikehughescq Member Posts: 5,776 Disability Gamechanger
    markyboy said:
    When i was given an ultimatum and decided to go ahead with the hearing i ended up getting a bigger award i must of convinced them to change their mind
    i told my partner about this, and he agrees if this is something they do say to me.. that I will say I want to continue! they will listen and I will make them understand how much this award will mean for me in my day to day living and to help me gain more access to the out side world and I'll just have to hope that's enough 
    They won’t be interested in that aspect. Focus on what points, why and the supporting evidence.
  • frustratedturtlefrustratedturtle Member Posts: 5 Listener
    just an update for anyone in this thread, thank you all for your help, suggestions and concern. I had my hearing date on the 28th of November and I won! i have been given back my original award and will be backdated the difference for the last 18 months. I didn't even have to say anything at the hearing we were probably in there for less than 5 minutes the judge had obviously already made her mind up before we went in but I just wanted to thank you and thank the community for being there for me and I wish the best for everyone else going through this process x
  • thespicemanthespiceman Member Posts: 6,408 Disability Gamechanger
    Hello @frustratedturtle Thank you for sharing. Keeping us informed.

    Well done, congratulations. We as a community can be there for you anytime you want or wish to.

    Pleasure to meet you.

    Take care

    @thespiceman
    Community Champion
    SCOPE Volunteer Award Engaging Communities 2019
    Mental Health advice, guidance and information to all members
    Nutrition, Diet, Wellbeing, Addiction.
    Recipes
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