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DWP Phone Call Before Tribunal - PIP 1 month 1 week ago #252524

Well, that was horrible, they did get the letter and look at it. Judge said they'd ring back with a decision and if they can't get through (line was horrible all the way through) they'll send it in the post.

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DWP Phone Call Before Tribunal - PIP 1 month 1 week ago #252527

Well, 13 months of fighting for the same decision. I was grilled brutally about how can I provide care to someone and need care myself, even though we have totally different needs. The specialist mainly talked over me and just kept asking the same question over and over despite me answering it, it was farcical and ended with me in tears.

Having a look over my GPs letter it's just the same as all other medical reports: "she says..." "she reports....". So it all just comes down to who you feel like believing at the end of the day. They said as I had an award already why would I ask for more etc.

And now I have to go through this all over again with my son moving from DLA to PIP. Right now I don't feel like I can cope with it, I'm so tired of fighting, it feels like every 2-3 years I have to fight over something and I'm just done with it all.
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DWP Phone Call Before Tribunal - PIP 1 month 1 week ago #252540

wockle

You do have the option of requesting the Statement of Reasons and Record of Proceedings to see whether there is the possibility of making an appeal to the Upper Tier Tribunal, doing so would not be about the merits of your case but whether the Decision made contained an Error of Law.

You don't need to make a decision immediately but a request does have to be with the Tribunal Service within one calendar month of the hearing.

Gordon

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

DWP Phone Call Before Tribunal - PIP 1 month 1 week ago #252557

Hi Gordon,

I don't think I can mentally cope with it, having someone significantly raising their voice, talking over me asking questions only to instantly cut me off was soul-destroying and brought back the trauma of abusive relationships hence me breaking down.

I'm no delicate flower but I feel I'm in an impossible position. I cannot prove the level of pain I'm in, I cannot prove how my anxiety affects me, I cannot prove that I've not left my home alone for 4 years, I cannot prove the type of care I provide to my husband. Therefore, it all simply hinged on belief and they said they didn't believe me.

My GP confirmed that when I attend appts I am often nervous, shaking, heart racing etc that they were wrong about the level of medication and confirmed my conditions/medication but again, she doesn't live with me so cannot categorically say exactly how my issues affect my life, only repeat what's been said to her and other GPs in the past. My husband's testimonial was dismissed as was that of my neighbour of 15 years as they are not medical professionals.

I doubt that there has been an error of law. Some unprofessionalism imo yes, but error, no. So I'm just sat here made to feel like a greedy liar, a cheat and a fraud. Obviously, I'm still upset as it's not been long and I'm still reeling from being shouted at in what I thought was a professional situation. So this post will seem whiny, largely off-topic and like I'm bitter but I'm mainly just tired of it all and need to vent.
The following user(s) said Thank You: Nicol

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DWP Phone Call Before Tribunal - PIP 1 month 1 week ago #252578

Hi wockle

You need to take a week or two off before deciding whether or not to apply for a Statement of Reasons (SOR), the last Statement of Reasons I applied for took 10 months to arrive so it is not a fast process. As Gordon has pointed out if you appeal to the Upper Tier it has to be on a point of law. There are some very good welfare rights organisation who can help you.

If you want to apply for a SOR, just send a letter with your reference on it to HMCTS and request a SOR.

Gary
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DWP Phone Call Before Tribunal - PIP 1 month 2 days ago #252823

I'll ask for that but I'm not sure I'll carry on fighting, it's so upsetting. I've pretty much just accepted things for now as I have other medical issues being investigated and I'm exhausted.

Just to make a summary of what happened in my tribunal:

Was given a time on the online portal, then a letter for an hour later so I had no idea what time my hearing really was so that caused stress.

Waited for the second time to come around, got a call from the clerk around 20 mins later saying they were running late and would be with me soon. After another 30 mins or so he rang back, the line was awful. He terminated it and tried again, the line was still very poor.

Clerk explained a few things, judge introduced herself the doctor and the disability specialist. Judge went over basics and confirmed what award I was getting now (low rate daily). They didn't ask what it was I thought I should get.

The doctor then asked me questions, firstly asking me to confirm my conditions and medication. They then asked questions about how far I could walk, how I do my physio exercises etc. They then went into things a bit deeper, then started asking about things I'd done years ago and things I'd done since my original claim decision which really threw me as I thought the time of the decision was what was taken into account. I was questioned heavily about using my passport (I had gone on holiday 2 months ago), why did I use it, where did I go, why did I go there, how did I get on/off the plane etc. She mainly focused on my physical conditions.

Then the disability specialist. Well, he was something else. He was loud, loved talking over me the moment he asked a question and I started to answer. It was insane. He asked me about me getting carer's allowance, I explained who I got it for and what care I provided. He kept trying to put words into my mouth, for example he'd ask what assistance I provided, I'd reply with "I provide support to ensure they don't self harm, act on sucicidal thoughts, night terr..." he'd then interrupt with "So you provide them with support when you're out and about." and I'd say "No, this is at home, usually at nigh..." he'd butt in again and make an assumption again. This went on for around 15 minutes, he was asking about did I know what 100-75 was (I never claimed to have problems with basic budgeting), what qualifications I got in the 90's at school. He then said he lived near me and did I go to *local place* I'd reply with no and he'd laugh saying everyone goes there etc. He then turned into a broken record with every reply I gave about the caring role I have simply talking over me saying "I can't understand how you can..." at which point I just had to say I was sorry he couldn't understand how I can provide emotional support but need physical/social support myself. He then finally stopped.

It was truly bizarre when it got to him, the longer it went on the louder he got and the more he interrupted me. It just felt like a losing battle, my head was spinning and I was shaking, panting and crying. It was a shame because there was no need for him to act that way, if he couldn't understand then that's all he had to say, not shout it over and over and laugh at me.

The other members were calm and professional thankfully or I think I would have just shut down totally. My husband was open mouthed by the end of the specialists bit. We both just wanted it over.

Of course, it took them about 10 mins to ring me back and say nope, no change, we'll send a letter, please hang up.

In hindsight, I wish I had asked the clerk to make a note that the specialist was shouting, interrupting and being needlessly repetitive but I was trying not to break down completely. I hated it being over the phone.

I don't regret going to tribunal but I do regret thinking it was going to be with polite/calm people!
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