Appeal Hearing

A few days ago I had my appeal hearing as I was awarded NIL points on my PIP claim form, after having previously been awarded DLA Higher Rate Mobility, Indefinite period.
The appeal hearing felt more like I was on trial, with the judge, a hostile doctor + 1 other on the panel, plus a DWP representative, who interjected and made comments or asked me questions throughout.
I had question after question fired at me for one hour, and then received written confirmation that they had upheld my nil award, even though they admit that I have some limitations.
I have requested their written statement of reasons, but what basis does a DWP representative attend a hearing?
Is she there to observe (in which case she should not have been allowed to talk to me), or can she take the role of questioner?
Also; if they admit that I have some limitations, shouldn't they have awarded at least some points, even though they may not have been enough to claim PIP?

Hi LD,

I'm sorry that the appeal went against you

As I understand it, the DWP representative can attend any DWP appeal on their behalf, just as the claimant attends on their own behalf. The representative is not part of the panel and should not be taking part in the appeal unless asked questions by the panel.

It may be that the panel did not believe that your limitations were enough to score points against the descriptors.

You can certainly request a Statement of Reasons from the tribunal service but would only be able to take this further if there were an 'Error in Law'. Even if this were the case, I would expect it to take a long time to get any further decision on this claim.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You are entitled to re-apply immediately but would be wise to give some thought as to how you could phrase your problems to give DWP a better understanding of them.

I have sent off for the statement of Reasons and have also asked for a new PIP claim form.
I've been beating myself up ever since the appeal, wishing that I'd said this or that, but after being bombarded with questions for an hour, I wasn't relaxed enough to actually think.
Apart from the DWP rep asking me questions or making comments, the 'independent' doctor mentioned a particular surgery I had undergone in 2010 and said in passing that she had seen the x-rays. When I asked what x-rays, she pointed to the medical report, but after studying the medical report, no x-rays are mentioned.
Would this alone give me a reason to appeal? She obviously has used her position to check my full medical records, that were not included in my medical history,
She even asked me when did I last go on holiday - which is, as far as I know, nothing to do with PIP.

If the panel doctor has somehow looked at your full medical records you should take this matter up with your GP Practice Manager as, I would think, this is an abuse of their position.

However, I think it's more likely that the panel doctor misremembered whose X-Rays they had seen that day!

You would need to get face to face advice as to whether there might have been any Error in Law at your hearing, it is a very specialised situation.

hi ,
hope you dont mind me msg you ,. ime so very sorry to hear your tribunal didnt go well for you ,, i was also under the impression that if there is a dwp present in the appeal room it only to observe and make notes,, had no idea they are allowed to speak to you and question ,no wonder you wernt able to think straight and answer question , ime awaiting for a date for appeal for pip myself ,and am absoulutely dreading it ,, i hope your able to get expert advice on appealing to upper tribunal if a error has been made ,,you must be feeling very let down i know i would be if after going through all of it to come out with no award , ,realy hope whicever direction you go now that you will come out with a award that your hoping for ,, good luck,
alison, x

If it was purely about mobility did they have evidence you could mobilise more than the distances for the PIP descriptors as this seems to de a difference between PIP and DLA and may be why you qualified for one and not the other?