× Members

pip tribunal adjourned second time

More
4 years 6 months ago #236896 by linda65
pip tribunal adjourned second time was created by linda65
My case has been ongoing since November 2017. change from DLA to PIP. First tribunal adjourned in to seek further medical evidence. Second one yesterday adjourned "because it became apparent there was a potential conflict of interest relating to one of the tribunal members." However the judge did carry on while she was present to ask about my claim being related to both care and mobility and made some remarks about the power of the tribunal to take away any existing award. The letter I received today says "The tribunal, having established that the appellant was inviting the tribunal to consider the daily living and mobility descriptors, cnsidereed it appropriate to warn the appellant that a future tribunal has the power to increase, maintain or reduce the number of points awarded to the appellant. In these circumstances the appellant was warned that the existing award of PIP could be placed in issue" It goes on to say "the tribunal considered it appropriate to give the appellant the opportunity of obtaining advice from a Welfare Rights organisation in relation to the appeal".

I did contact Welfare rights yesterday but it seems it may be too late at this stage to be of help.
I am trying CAB next. I am feeling very scared now. my condition is degenerative and I am not likely to improve. Any advice ???? please

Please Log in or Create an account to join the conversation.

More
4 years 6 months ago #236906 by Gordon
Replied by Gordon on topic pip tribunal adjourned second time
Linda

This warning is issued when the panel does not believe, based on the evidence that they currently have before them that the claimant's existing award is justified, if you go ahead with the appeal this may mean their removing points, reducing the current award or even removing it.

You must take this warning seriously!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
4 years 6 months ago #236910 by linda65
Replied by linda65 on topic pip tribunal adjourned second time
Thank you Gordon, I am at a loss what to do next now. The evidence they have clearly shows that the whole ATOS report was flawed with inconsistencies and inaccuracies. The HP gave a detailed report on my MSE but she never examined me … she even described my medical condition incorrectly. There was no discussion on my daily life or variability of my condition. My appeal was based on this and I disagreed with the two descriptors which affected everything - preparing food and walking distance. My doctor's letter confirmed my condition is degenerative and my physical abilities are deteriorating. The paperwork is now 190 pages and it was obvious the judge hadn't read it all based on some of the things he said. Is it possible that the lady who declared conflict of interest has said something ? and also, if she had read all the papers she would have known there was a conflict of interest before she came to the actual tribunal??
Before you answered I called Welfare Advice and their advisor (another Gordon) said it is normal for the judge to say that and I should not be too worried …. it obviously wasn't you. I really don't want to give up because I have come so far but I am really stressed out now ...I am 66ys old and losing hope. Should I just stop the whole process now ?? Thanks again.

Please Log in or Create an account to join the conversation.

More
4 years 6 months ago #236914 by Gordon
Replied by Gordon on topic pip tribunal adjourned second time
Linda

The warning is most certainly not normal and you should not disregard it.

I appreciate that this is simply what you have posted but you talk about the things wrong with the report but not why you meet the criteria for an (higher) award, this is the only way to win at a Tribunal.

You don't say what the conflict of interest was but it is possible that the panel member has influenced the Judge that issued the warning, if you go ahead with the appeal then it will be a completely different panel that will hear your appeal.

We can't tell you whether to continue or not, we have had members receive a similar warning and go onto to receive an award, we have also had members who have ignored the warning and lost their award.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
4 years 6 months ago #236920 by linda65
Replied by linda65 on topic pip tribunal adjourned second time
Thank you again. I understand what you are saying. Yes, the HP report did make me angry. I have a central disc prolapse with carda equine syndrome and stenosis of the spine. I basically get slower and more restricted as time goes on. It was all so distressing and I didn't understand it, especially as I had already won a tribunal in 2006 (at the beginning of my problems) and ATOS did the same thing. I honestly thought it would never come to this again. Thanks again for your help - I really don't think I can continue because I don't trust the process now but I have an appointment with CAB in 2 weeks time so I will see what they advise. Thank you for your patience and time in responding to me.
The following user(s) said Thank You: Gordon

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.