PIP, DLA and AA
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Won my tribunal!

I_wonI_won Member Posts: 2 Listener
After nine months I have just received the letter from HM Courts and Tribunals service stating my entitlement  to an award.  :)
  I'd been on DLA for the last 20 years when I had the letter about switching to PIP last year. Of course I was going to be thrown off  my benefit, we all know what a disgrace trying to claim PIP has become.  Luckily I had won my previous tribunal (thanks ATOS and their incompetent  doctor) so I had a glimmer of hope.

 My telephone tribunal was last week, I must say they were very understanding and considerate. I'm sure they must be aware how terrified we must feel, especially as we may not have the support with us that we would have. The Judge even picked up on me being uncomfortable and in pain, which was really reassuring.

The most awkward question for me was how far can I walk? When I do mobilize I swing both of my legs(I'm on crutches), Most of the other time I'm in so much pain walking is the last thing on my mind so I didn't give a distance. I hoped that focusing on the pain would lead to the conclusion that I hurt so much I probably wouldn't walk far, because I don't, I get punished If I try.

Remember they cant see you, so send pictures of anything you think may help. I'm very glad I sent pictures of the muscle wastage and different wear rates on my shoes. That instantly proved the Health (not very) professional report was wrong.


So have hope. The odds really are in your favor!
If you need to say something they will listen, If you need to take 5 say so and you can.

I hope this helps  

All the best with yours!

Replies

  • John_Durkin1964John_Durkin1964 Member Posts: 6 Connected
    I'm so glad you got the result you deserved & there's nothing more humiliating that having to go to court to prove your disabled.
    At least you were honest and the judge & panel are unbiased & independent which gives people more chance of putting their case across.
    It must be nerve wracking having to do the same over the phone, but you persevered & won.
    I had my tribunal about 2 months ago, just before the lock down but my advocate's car broke down and he phoned ahead to adjourn it. I was there waiting and persuaded them to let me represent myself and won my PIP.
    Thank you for sharing & at least it will inspire & motivate others to seek justice & get a fair hearing.
  • AilsAils Member Posts: 2,268 Disability Gamechanger
    Hi @I_won and welcome to the Community.  It's nice to see you and congratulations on winning your tribunal!  That is wonderful news and thank you for sharing it with us.  It is so great to hear positive news about tribunals for a change and this will give many of our members inspiration.  Thank you also for the encouraging tips and kind words which are really helpful.  You must be so relieved that it is all over now and I'm so glad you had such a positive experience.  All the best.  :smiley:
    Winner of the Scope New Volunteer Award 2019.   :)
  • AilsAils Member Posts: 2,268 Disability Gamechanger
    Hi @John_Durkin1964 and welcome also to the Community.  It's nice to meet you and thank you also for sharing your experience with us.  So glad to hear also that you won your PIP tribunal so well done!  Fabulous news!  Your experience is very encouraging also and many of our members will be inspired by this.  All the best.  :smiley:
    Winner of the Scope New Volunteer Award 2019.   :)
  • TimthehippyTimthehippy Member Posts: 3 Listener
    Congratulations Dude,that we still have to fight to get benefits that we are legally entitled to is wrong,that we have to go though the stress and strain and financial worry is wrong.I hope that others that are going through the same process will take some hope that it will work out in the end and that although it is a daunting process if you just tell your truth you will be heard.I went through the same situation when atos first were involved with doing assessments and rejecting ,it seems, the majority of the claims.it was only the fact that other people were going through the same process and telling online forums about the struggle and giving advice,encouragement and support that helped me get through it (it also helped that the actual assessment was so poorly done that it was one of my best pieces of evidence).
    For anyone else going through this I hope that you can take some comfort from hearing peoples positive results and that if you need help or reassurance that you can reach out for help from people that have been there.good luck and stay safe.
  • John_Durkin1964John_Durkin1964 Member Posts: 6 Connected
    Thank you Ails & Timthehippy for the feedback and sharing too. Unfortunately Atos & Capita are very sparing with the truth and in future I will use a service to make audio recordings of the assessment so there is recorded evidence, should it ever be needed at tribunal as admissible evidence. I know the DWP make it almost impossible to make your own recordings, but there is businesses offering their services at a price, because they too have experience of Atos & Capita and the need is there. Keep up the good work and encourage and build up each other, as the whole process for ESA/PIPs is a minefield.  
  • I_wonI_won Member Posts: 2 Listener
    Thanks for all the kind words and support, and well done other winners!
    I don't normally 'do' forums but really needed to let others know you really can win! And more importantly that its not your fault for failing the initial (unbiased) tests.
      It's fantastic to hear of more success stories, and it just adds to statistics that show the system is completely broken at lower levels. 
      Fortunately when you get to tell your life to the judge & panel (that) are unbiased & independent (thanks Jonh Durkin1964, couldn't find the words) you can really try and make them understand. Hopefully what you say is backing up everything you  have stated in your initial claim and response.
     I still think photos could help cases that are heard over the phone. If you use aids to help , no matter how big or small, send a picture of it e.g crutches, bathmat, long handled shoe horn,anything that helps you. It may not be on the DWP approved aid list but it will give a fuller picture of your needs.

     Maybe foot your goes blue(like mine), take a photo to show the difference...Get thinking! Make a note! And add it to your case!

    If your waiting for your date, get things in quickly because I only had seven days from receiving my letter to the tribunal. 

    Which then stated any new documents should be received seven days before the hearing.. 

    Also thanks to Tim for his continued support.Complete star of a guy, needs more of his type in the world! Thanks bro!

    And of course there's loads of fantastic people on forums ready to help!

     


  • mikehughescqmikehughescq Member Posts: 6,280 Disability Gamechanger
    On your appeal form you’ll have been asked to specify whether you would accept less than 14 days notice. 

    Tribunals will be polite about photos but by and large they will disregard them as the photocopies put into the appeal bundle are usually poor quality but also because

    - as regards things like muscle wastage a photo rarely provides evidence of who it was of or when it was taken, whilst 
    - as regards aids all that matters is whether they were NHS prescribed. Anything not officially prescribed brings into question the need and a photo won’t change that. 

    I’m glad you won your appeal but it won’t have been because of photos. 
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