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Judge told me to go away
- Lizziebobs
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8 years 7 months ago #141200 by Lizziebobs
Judge told me to go away was created by Lizziebobs
Hi I was wondering if I could get a little help.
Today I turned up for a tribunal where I was trying to get PIP mobility awarded, and disputing managing therapy and medication.
I thought I had a solid case, I followed all the advice of this website and got plenty of medical evidence. To my absolute horror before the proceedings began the judge told me to go away and seek advice, as I was at risk of losing the points I had already been awarded, and she was very forceful when we tried to say how hard we'd prepared for this and the effects it was having on me emotionally. I almost broke down in front of her.
We were in the waiting room regaining composure when the clerk came to us with a notice of adjournment. He told me this sort of thing was commonplace, and she was telling us to quit whilst we were ahead as she didn't believe I should have got an award in the first place based on the evidence given. I overheard her saying prior to this "to get it wrong once I can understand, but twice I cannot let happen". I didn't know if she was talking about something I did, or to the DWP representative that was there.
I'm really shaken up now and I don't know what to do. I thought about contacting welfare rights but my hearts sunk and I'm scared of losing my award.
Today I turned up for a tribunal where I was trying to get PIP mobility awarded, and disputing managing therapy and medication.
I thought I had a solid case, I followed all the advice of this website and got plenty of medical evidence. To my absolute horror before the proceedings began the judge told me to go away and seek advice, as I was at risk of losing the points I had already been awarded, and she was very forceful when we tried to say how hard we'd prepared for this and the effects it was having on me emotionally. I almost broke down in front of her.
We were in the waiting room regaining composure when the clerk came to us with a notice of adjournment. He told me this sort of thing was commonplace, and she was telling us to quit whilst we were ahead as she didn't believe I should have got an award in the first place based on the evidence given. I overheard her saying prior to this "to get it wrong once I can understand, but twice I cannot let happen". I didn't know if she was talking about something I did, or to the DWP representative that was there.
I'm really shaken up now and I don't know what to do. I thought about contacting welfare rights but my hearts sunk and I'm scared of losing my award.
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- Gordon
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8 years 7 months ago #141211 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Judge told me to go away
Lizziebobs
Tribunal rules require the judge to notify the claimant if they believe, based on the evidence available, that they would reduce or remove any current award if the appeal was heard.
If you can access a trained advisor then I would do so, do an internet search for "welfare advice" with you postcode, town or county.
I can't really comment on whether what you heard was connected to your claim or not.
If you can't get advice then you will have to consider your options for proceeding with the appeal, the Judges warning does not mean that you cannot win your claim, but it does make it unlikely,
Gordon
Tribunal rules require the judge to notify the claimant if they believe, based on the evidence available, that they would reduce or remove any current award if the appeal was heard.
If you can access a trained advisor then I would do so, do an internet search for "welfare advice" with you postcode, town or county.
I can't really comment on whether what you heard was connected to your claim or not.
If you can't get advice then you will have to consider your options for proceeding with the appeal, the Judges warning does not mean that you cannot win your claim, but it does make it unlikely,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lizziebobs
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- Lizziebobs
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8 years 7 months ago #141226 by Lizziebobs
Replied by Lizziebobs on topic Judge told me to go away
Has anybody else experienced this previously? I just don't understand what happened - I get what you are saying Gordon but the DWP made the award based on a medical assessment and also the 17 pages of doctors consultation notes and consultant diagnosis letters etc. Is the judge saying that based on the evidence I supplied to the DWP they shouldn't have awarded me anything at all? because I thoroughly cross checked everything I declared on the original application was confirmed in my doctors consultation notes since 2013
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- Gordon
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8 years 7 months ago #141228 by Gordon
It's not a common occurrence, but it does happen and we have had members report it happening in the forum.
The Judge is saying that if they made a Decision based on the evidence presented to them at the very least they would reduce your award and possibly remove it entirely.
This doesn't mean that this will happen if you went ahead, but it does mean that they have found your written evidence to be insufficient and it would depend entirely on your oral evidence.
The appeal panel remake the Decision from scratch and are not bound by the DWP's Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Judge told me to go away
Lizziebobs wrote: Has anybody else experienced this previously? I just don't understand what happened - I get what you are saying Gordon but the DWP made the award based on a medical assessment and also the 17 pages of doctors consultation notes and consultant diagnosis letters etc. Is the judge saying that based on the evidence I supplied to the DWP they shouldn't have awarded me anything at all? because I thoroughly cross checked everything I declared on the original application was confirmed in my doctors consultation notes since 2013
It's not a common occurrence, but it does happen and we have had members report it happening in the forum.
The Judge is saying that if they made a Decision based on the evidence presented to them at the very least they would reduce your award and possibly remove it entirely.
This doesn't mean that this will happen if you went ahead, but it does mean that they have found your written evidence to be insufficient and it would depend entirely on your oral evidence.
The appeal panel remake the Decision from scratch and are not bound by the DWP's Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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