Tribunal
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Seeking123
Community member Posts: 27 Listener
Hi. I was refused PIP daily living component having received 7 points so asked for a Mandatory Consideration which has been judged as being correct. I don't want to go to court so does that mean I have to just suck it up? I'm still in the position where I can't cook or clean and I submitted loads of evidence with my initial claim.
Having to fight for everything is really getting me down 😭
Having to fight for everything is really getting me down 😭
Comments
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Hi and welcome to the community
The only option now is to go to tribunal it isn't actually court though often held in a court setting
It's a lot less formal than court and currently majority of cases are heard by phone -
It's going to court that worries me. I have never been in trouble and having to do this would make me incredibly anxious. Being newly disabled just getting anywhere upsets and worries me.
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As advised it isn't going to court and you won't have to go anywhere if you request a phone tribunal
Obviously the decision is yours maybe get some advice from welfare rights first or cab to see if they think you have a case to be awarded -
Seeking123 said:It's going to court that worries me. I have never been in trouble and having to do this would make me incredibly anxious. Being newly disabled just getting anywhere upsets and worries me.
Most hearings are currently done by phone, as janer also said.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Thank you. I will speak to the CAB and go from there.
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@Seeking123
If CAB advised you have no case, please ignore and proceed to Tribunal. You have more than 50% chance of winning.Never allow DWP assertions to define you. They never have evidence of your true circumstances. -
AndrewHall said:
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. -
poppy123456 said:AndrewHall said:Never allow DWP assertions to define you. They never have evidence of your true circumstances.
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Thanks to the Scope helpline I decided to go to tribunal. I used to work for the CAB so did this myself. I'm pleased to say that I have now received 9 points and am getting the standard daily care component. Its such a relief and I feel like I'm believed now which was what I wanted more than anything 😊
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Well done.
Like I said in the post. It is much easier to be awarded by the Tribunal than by DWP.Never allow DWP assertions to define you. They never have evidence of your true circumstances. -
Well Done@Seeking123
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@AndrewHall it was the DWP who awarded it to me. They ran out of time so the judge reminded them and they rang and made me the offer so I didn't have to go to court in the end.
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Are you aware that even though you accepted an award you can request another Tribunal if you think you’re entitled to a higher award.Or you can request the Tribunal based purely on the award length only but you must make it clear that you’re happy with your existing award.One thing is for certain you definitely wouldn’t have appeared in court because a Tribunal is not a court. Some hearings maybe in a court building but you’re not in trial at a 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.
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@poppy123456 yes I knew I could continue with the tribunal but I felt I was only entitled to the standard rate so was extremely happy. Thanks for clarifying.
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