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How impartial is tribunal and how does the assessor's report and general process
- glitterslug
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1 day 8 hours ago #310753 by glitterslug
How impartial is tribunal and how does the assessor's report and general process was created by glitterslug
This is a complex question, that I think B&W will have insight into.
I am healing from complex trauma and my thought process and communication is improving, whereas before, I wouldn't have been able to digest a conversation and also been able to communicate a subject such as this.
I receive PIP and ESA and one of them I had to take to tribunal, the other close to it, but was awarded it just before
(my memory is a bit hazy because I suffered an acute mental breakdown).
I will apply again for both ( I have not been sent renewal notifications), and it would be nice if it the process was shorter and points not denied (as everyone hopes for).
I am future planning in order to be prepared for the worst, if not for this claim, ones in the future.
In case this aspect is relevant; I am diagnosed with PTSD from a neuropsychiatrist with a small bit of detail, I have some NHS medical notes from a clinical psychologist outlining my deep trauma caused by abuse within the family which is fairly concise) and I will have some notes from a GP about joint instability and dislocation which affects mobility).
I also have a care plan and funded hours which explains some of my needs day to day because I need assistance with daily living.
Apologies for the amount of information, I wish to portray the impact and severity of my condition(s) and and to illustrate that my limitations are difficult to claim for with regards to how the DWP/assessors might mark it.
Does the point scoring or lack of (that I will likely request a mandatory reconsideration for) and the possible negligent/inaccurate report from the assessor (I will ask to record the session, and I have heard that it is probable that it will yield a better outcome), have ANY impact on success or raise any conflicting questions/doubt at court?
Court staff will be somewhat aware of how desperately unfair the system is before that date, but I am unsure as to how they make allowances for it and the consequences of being gaslighted and invalidated by it which causes self doubt and insecurity at times.
I could not arrange any advocacy for the hearing itself last time, but did have some support for attending assessments for either PIP or ESA.
I forget ( I have memory problems) that I had very good guidance and support and expertise from the law undergraduates from a local university that were compassionate and knowledgeable for my PIP appeal, but they do not take on ESA claims.
Thanks for reading.
I am healing from complex trauma and my thought process and communication is improving, whereas before, I wouldn't have been able to digest a conversation and also been able to communicate a subject such as this.
I receive PIP and ESA and one of them I had to take to tribunal, the other close to it, but was awarded it just before
(my memory is a bit hazy because I suffered an acute mental breakdown).
I will apply again for both ( I have not been sent renewal notifications), and it would be nice if it the process was shorter and points not denied (as everyone hopes for).
I am future planning in order to be prepared for the worst, if not for this claim, ones in the future.
In case this aspect is relevant; I am diagnosed with PTSD from a neuropsychiatrist with a small bit of detail, I have some NHS medical notes from a clinical psychologist outlining my deep trauma caused by abuse within the family which is fairly concise) and I will have some notes from a GP about joint instability and dislocation which affects mobility).
I also have a care plan and funded hours which explains some of my needs day to day because I need assistance with daily living.
Apologies for the amount of information, I wish to portray the impact and severity of my condition(s) and and to illustrate that my limitations are difficult to claim for with regards to how the DWP/assessors might mark it.
Does the point scoring or lack of (that I will likely request a mandatory reconsideration for) and the possible negligent/inaccurate report from the assessor (I will ask to record the session, and I have heard that it is probable that it will yield a better outcome), have ANY impact on success or raise any conflicting questions/doubt at court?
Court staff will be somewhat aware of how desperately unfair the system is before that date, but I am unsure as to how they make allowances for it and the consequences of being gaslighted and invalidated by it which causes self doubt and insecurity at times.
I could not arrange any advocacy for the hearing itself last time, but did have some support for attending assessments for either PIP or ESA.
I forget ( I have memory problems) that I had very good guidance and support and expertise from the law undergraduates from a local university that were compassionate and knowledgeable for my PIP appeal, but they do not take on ESA claims.
Thanks for reading.
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- BIS
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7 hours 16 minutes ago #310760 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic How impartial is tribunal and how does the assessor's report and general process
Hi glitterslug
I'm not entirely sure that I understand your question, so forgive me if some of what I say doesn't appear to be relevant. Feel free to post again if you need more information and we will try and help.
I understand that you receive both ESA and PIP, and when they come up for review, you intend to submit the review forms. You haven't been sent a review form at the current time, but you want to be prepared.
Keep a diary - The best thing you can do to be prepared is to keep some sort of diary - especially as you have memory issues - so you can either submit pages from it in the future or you can use it as a reference guide for when you fill out the form. You do not have to write loads, and there are examples for some conditions ot the types of things you may want to include. Even if none of these seem entirely relevant to you - they are good at showing how you might structure your own diary should you want to keep one. No pressure - it's a personal choice, but some claimants have reported that it made a difference, particularly if they had to go to a tribunal panel.
Recording an assessment. We always advise people to ask for their assessment to be recorded. We also advise that claimants make their own recording as well. All too often, assessors say that something went wrong with the recording, and one wasn't made. If you don't have a recording and you dispute what the assessor says through the MR process the DWP nearly always come down on the side of the assessor even if you say that you had someone listening in on the call.
Evidence - you clearly have evidence which is good. If you have any friends or relatives that can write a letter in support of your application in terms of how they have observed your difficulties in respect of the criteria then it is always useful to include their letter. They do not need to talk about your trauma. For example you may say that you have difficulties in being in social situations and communicating with others. A friend may have witnessed this and could confirm your evidence. Do not worry if you don't have anyone who can do this.
Use the B&W guides - When you come to completing the form - go through one question at a time and try to use our guides. Claimants will often find there are things in the guide that they have never thought of which would strengthen their cases.
The severity of your conditions - A lot of people like you have complex conditions which assessors often don't appear to understand. There is no easy answer to this. You were successful at one Tribunal and when you fill in the next form, you should remind them on the form that the Tribunal found in your favour and why. As best as you can, you have to link the severity of your conditions to each of the questions even if you feel you are repeating information several times. So for example if you are filling in a PIP form and you have problems cooking a meal - you need to say why. You don't need to talk about the details of your trauma - you have to show how the symptoms of your trauma effect you being able to prepare a meal. Remember you are the expert in what you experience.
Mandatory Reconsiderations - The reality is that Mandatory Reconsiderations are hard to win. Less than 27% are successful - but lots of people rightly think it is worth fighting for - and certainly for PIP you have no choice if you are not happy with the outcome of a review to put in for an MR.
Tribunal Panel - I hope that it doesn't get to the point where you have to go to a Tribunal panel again. There is a much higher chance of success at a Tribunal - and that is because they have medical experts and a disability expert who have more understanding of the medical evidence. However, one issue that you need to be aware of is that the Tribunal is there to judge what happened at the assessment. If a claimant's condition or difficulties have deteriorated, the panel will not consider that information.
My view - I understand why you want to try and be prepared - but it is very hard with the benefits system to anticipate what might happen so please do not put too much pressure on yourself to get it all right.
BIS
I'm not entirely sure that I understand your question, so forgive me if some of what I say doesn't appear to be relevant. Feel free to post again if you need more information and we will try and help.
I understand that you receive both ESA and PIP, and when they come up for review, you intend to submit the review forms. You haven't been sent a review form at the current time, but you want to be prepared.
Keep a diary - The best thing you can do to be prepared is to keep some sort of diary - especially as you have memory issues - so you can either submit pages from it in the future or you can use it as a reference guide for when you fill out the form. You do not have to write loads, and there are examples for some conditions ot the types of things you may want to include. Even if none of these seem entirely relevant to you - they are good at showing how you might structure your own diary should you want to keep one. No pressure - it's a personal choice, but some claimants have reported that it made a difference, particularly if they had to go to a tribunal panel.
Recording an assessment. We always advise people to ask for their assessment to be recorded. We also advise that claimants make their own recording as well. All too often, assessors say that something went wrong with the recording, and one wasn't made. If you don't have a recording and you dispute what the assessor says through the MR process the DWP nearly always come down on the side of the assessor even if you say that you had someone listening in on the call.
Evidence - you clearly have evidence which is good. If you have any friends or relatives that can write a letter in support of your application in terms of how they have observed your difficulties in respect of the criteria then it is always useful to include their letter. They do not need to talk about your trauma. For example you may say that you have difficulties in being in social situations and communicating with others. A friend may have witnessed this and could confirm your evidence. Do not worry if you don't have anyone who can do this.
Use the B&W guides - When you come to completing the form - go through one question at a time and try to use our guides. Claimants will often find there are things in the guide that they have never thought of which would strengthen their cases.
The severity of your conditions - A lot of people like you have complex conditions which assessors often don't appear to understand. There is no easy answer to this. You were successful at one Tribunal and when you fill in the next form, you should remind them on the form that the Tribunal found in your favour and why. As best as you can, you have to link the severity of your conditions to each of the questions even if you feel you are repeating information several times. So for example if you are filling in a PIP form and you have problems cooking a meal - you need to say why. You don't need to talk about the details of your trauma - you have to show how the symptoms of your trauma effect you being able to prepare a meal. Remember you are the expert in what you experience.
Mandatory Reconsiderations - The reality is that Mandatory Reconsiderations are hard to win. Less than 27% are successful - but lots of people rightly think it is worth fighting for - and certainly for PIP you have no choice if you are not happy with the outcome of a review to put in for an MR.
Tribunal Panel - I hope that it doesn't get to the point where you have to go to a Tribunal panel again. There is a much higher chance of success at a Tribunal - and that is because they have medical experts and a disability expert who have more understanding of the medical evidence. However, one issue that you need to be aware of is that the Tribunal is there to judge what happened at the assessment. If a claimant's condition or difficulties have deteriorated, the panel will not consider that information.
My view - I understand why you want to try and be prepared - but it is very hard with the benefits system to anticipate what might happen so please do not put too much pressure on yourself to get it all right.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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