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PIP Tribunal Hearing questions for next week

candos60
candos60 Community member Posts: 12 Connected
edited January 2019 in PIP, DLA, and AA
Hi,  I have my PIP tribunal hearing next week. All my paperwork is ready for colection. They have just phoned to tell me they updated some paperwork for the hearing but they haven’t submitted it within the 7 days prior to the hearing. They tell me I can still hand this in on the day? 
 I will have to attend this hearing alone and I’ve just read somewhere on here that un~represented you have less chance of winning the appeal?  I’m going to be a total wreck, and will definiylyely fall apart the minute I need to open my mouth in there. Who/how can someone ‘official’ represent me when I cannot afford legal advice? CAB are no longer allowed to accompany you.
i will need a taxi as I have no transport and no~one to take me. will I be able to claim back the fare? There is documented letter(s) from my GP in the past stating I cannot use public transport.


Comments

  • michfinch
    michfinch Community member Posts: 173 Pioneering
    Have you a Psycologist or anyone appointed by the Govt who helps you? My local Social Security Office appointed me one through Momentum Skills up here in the North East.
  • lindadenise
    lindadenise Community member Posts: 302 Pioneering
    I took my daughter with me and it was not bad at all, the judge doctor and disability expert were very nice. I won my appeal can you get a member of your family to go with you. 
    Goodluck just be yourself.
  • cat6873
    cat6873 Community member Posts: 64 Courageous
    @candos60 I was on my own and I was a total wreck and I won! Also my judge was very nice and so was the doctor and the disability expert. I was there for about 20 minutes and they called me back in after 10 and told me I won. Don't worry about it too much and just be honest. Good luck!
  • justg72
    justg72 Community member Posts: 173 Pioneering
    Hi cando60
    I am waiting for my tribunal and my Dad is going with me. Are you going alone to your tribunal? like you have stated above.
    Can you get a family member or a friend to go with you. If you go alone it CAN and WILL probably go against you, so I strongly advise that you take a friend or family member with you.
    If you have not got anybody to go with you, have you explained to CAB that you are going alone?
    They can sometimes get somebody to accompany you but not to represent you at the tribunal.
    I would also ring the tribunal court where you are attending to let them know that you will be going by taxi and you will be claiming the expenses back for it.
    Please try and find someone to go with you.
    Good luck
  • ricky1040
    ricky1040 Community member Posts: 121 Pioneering
    Cab represented me and i only uad my appeal in december? 
  • affii1993
    affii1993 Community member Posts: 103 Courageous
    Hey can you get any family member or friends I took my family members I was a nerve rack and had worse mirgaine 
  • cat6873
    cat6873 Community member Posts: 64 Courageous

     I’ve never yet heard of anyone unrepresented winning two tribunals for themselves. 

    Well I did! One on December 12th for PIP and one on January 4th for Universal Credit. No help from anyone whatsoever! I tried to get help but CAB said they couldn't represent me and a friend let me down so I had no choice but to go by myself. All I did was answer all their questions. And yes I was a wreck...anxious, panic attack, asthma attack, you name it I had it on the day. As a famous judge says: you don't need to have good memory if you're telling the truth. 


  • sally1966
    sally1966 Community member Posts: 5 Listener
    Hi don't be nervous I went through appeal for my son's pip and won.it doesn't matter that you have no one with you.
  • candos60
    candos60 Community member Posts: 12 Connected
    Thank you everyone for your support so far, it means the world to me.
    Off to collect paperwork from CAB this morning. Found out yesterday they’ve not even submitted it to the tribunal let alone within the 7 day deadline. Gutted beyond belief. I intend to see how much should have been submitted and if there is a lot it looks like I’ll be ringing the tribunal and asking for a delay so it can be submitted. All I’ve gone through this week healthwise with the worry too? 
  • lindadenise
    lindadenise Community member Posts: 302 Pioneering
    Goodluck if it is alot of paperwork the court will Adjourne . I submitted my medical records and they needed to look over them. I got another date about a month later. 
    It was worth the wait i won my Tribunal.
  • candos60
    candos60 Community member Posts: 12 Connected
    I’ve no idea how much of the paperwork the tribunal already have it fries my brain! Late yesterday afternoon I received a phone call from an Advice fcompany (local) CEO herself. She’d read what I sent her and wanted to re-assure me and give me a few pointers as much as possible. The CAB have said because the HCP didn’t file a report of any kind, even though I was there an hour, the court may well order another assessment date. I hope not, I’m just about holding things together atm, prolonging it will be the final straw! 
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited January 2019
    I won my tribunal unrepresented.  Expect the panel to be inquisitorial - they are there to find out what you can and can't do.  The panel might challenge you - don't let them lead you into changing your answer in essence, though you can elaborate if necessary.

    If they ask for how long can you walk rather than how far, say it takes you X seconds or minutes to walk Y meters.  Don't give a time in isolation - they might assume you can walk farther than in fact you can.

    Good luck!  71% of PIP appeals win.


  • candos60
    candos60 Community member Posts: 12 Connected
    My case is about the fact the HCP didn’t file a report after an hours assessment. Because. I was in a terrible state following the death of my best friends couple of weeks earlier, she decided I didn’t comply. That’s lies because the recording clearly proves I answered all her questions. What got her back up was the fact I asked her questions about her qualifications. She recognised my friend as she had visited her husband at home a few weeks earlier.  She falsified answers he gave too, but they were granted it without appeal. 
    I am waiting to hear if this particular HCP is on a list of ‘rogue’ HCPs being compiled by a charity I have been in touch with. 
  • miilreef
    miilreef Community member Posts: 21 Connected
    I represented myself and received no help other than what I read on forums such as this. 
    It’s perfectly reasonable to say that your health issues have led to you being socially isolated and that it explains why you have no support.
    It’s important to concentrate on what descriptors apply to you and why.
    Percentages are important, for example: Can you wash yourself above your waist without assistance. If your condition is variable, as many peoples are, it’s important that you state clearly how often you can’t do something. So if you can only manage something 3 days a week you can’t manage it more than 50% of the time.
    I did point out where my assessment was wrong, made up or downright lies.
    There’s no use dwelling on the assessment beyond this, this is your opportunity to put the record straight and explain where you should receive points and why.
    Answer the questions as best you can, if you don’t understand a question or have lost your train of thought ask for the question to be repeated.
    Its easy to say don’t be anxious but it’s a unique experience and to most people it’s an unknown. The judge should explain everything to you.
    On assessment I was awarded 4 points for care and 0 for mobility. At tribunal I was awarded 14 points for care and 15 for mobility with a 10 year award. 
    It’s possible to do it alone. Good luck.
  • candos60
    candos60 Community member Posts: 12 Connected
    Hi All sorry for the delay in updating about my tribunal. 
    The Judge ruled my appeal was allowed as I had shown good reason for ‘failing to comply’ (which is what DWP accused me of). Great News! However the second part didn’t please me quite so much.  The DWP had requested if my appeal was allowed that I attend another assessment and the judge ruled accordingly. I’m devastated.  
    Im currently at 85 weeks since my DLA was stopped. I’ve been advised when a claimants appeal is allowed DLA can be backpaid up until the decision is made from the next assessment, could this true in my case, should I contact DWP?
    Also I’m now worried if I’m not allowed that backdated DLA, when I have had this next assessment, if I’m awarded PIP am I entitled it be backdated to when they stopped my DLA? I’m worried because I thought PIP could only be awarded as of how I was on that day of assessment. Could DWP argue im not entitled to backpay because the award is granted as a result of the latest assessment? 
    Sorry for the long post. 

  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Hi,

    Sorry but it's not clear why you've been asked to attend another assessment. Why did you fail to comply? Sorry but without asking these then no one can possibly help you.
    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.
  • candos60
    candos60 Community member Posts: 12 Connected
    I didnt fail to comply! When I went for the f2f assessment in September 2017 I was in a terrible state. I had just lost my closest friend to cancer. She lived over 200 miles from me and because my DLA and other related benefits had been stopped I couldn’t afford to visit her before she passed away nor go to her funeral. I was distraught. I did answer every question I was asked, the only thing I refused was to bennand touch my toes, I’d never have got up again an explained that. Despite the level of upset I was repeatedly asked the same question slightly different ways, so I asked why. Seemingly some of these so called HCPs don’t believe you have the right to ask questions. In the paperwork I completed I’d explained how stressed I normally get and how I can come across as aggressive but it isn’t meant hat way. I ALWAYS begin any assessment by apologising before hand and that f2f was no different. Throughout the hour long assessment the HCP continued typing-she must have been shopping online or something because she never submitted a single word that was said. Instead she stated I’d ‘failed to comply’ which apparently explained why she filed no report. She hadnt bargained for the fact my friend who attended with me  secretly recorded the assessment on her mobile so we could prove the assessment did go ahead. This patriculat HCP is known for doing similar things to many other people. 
  • poppy123456
    poppy123456 Community member Posts: 53,333 Disability Gamechanger
    Your DLA wont re-start because it's PIP now and you've had an assessment. You don't have a PIP award at the moment so there's no payments to start. Once you've had your face to face assessment and a decision is made, if your successfully awarded your PIP should be backdated to the date of the original PIP decision.
    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.

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