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PIP tribunal advice please
- Cherry
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4 hours 52 minutes ago #313774 by Cherry
PIP tribunal advice please was created by Cherry
I have my PIP tribunal date (Video) through for a few weeks time. Can anyone tell me how to find out what to expect and how to prepare?
I have had long covid for 4 years now, and originally applied for PIP several years ago. My original application and interview and MR application were done by me with no help or advice and weren't done very well! I did have a little help with the appeal but have no external advice now.
Also, can I still submit evidence, such as a diary I have only just found out about these
Many thanks.
I have had long covid for 4 years now, and originally applied for PIP several years ago. My original application and interview and MR application were done by me with no help or advice and weren't done very well! I did have a little help with the appeal but have no external advice now.
Also, can I still submit evidence, such as a diary I have only just found out about these
Many thanks.
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- LL26
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1 hour 48 minutes ago #313776 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP tribunal advice please
Hi Cherry,
Firstly, as long as you send extra info in to the tribunal at least 2 weeks before the hearing date, you should be ok. However it would be good to phone the tribunal 3 or 4 days before the date just to check panel members have all the info.
What is the diary? - is it made at the time of the claim/renewal or has it been made more recently. If this is about more recent health it may not be allowed, as only evidence relating to around the time of the decision will be allowed. However, if your diary eg simply portrays a typical week, irrespective of when the actual week was it may still be allowed as genetic evidence. Do keep a copy of anything you send in. You may also wish to send in some arguments (usually called a submission,) to help promote your case.
When I write a submission, I usually start with a few background paragraphs. When you got ill, what became different, any surgery or treatment, why meds don't work or you can't take strong meds etc.
Next - have a look at the assessment report, using a spare piece of paper, work out 4 or 5 bullet points that sum up criticisms of the report. Don't nit pick every thing, just the important ones and give examples of the worst issues. Once done, write down the bullet points in the submission. Finally go through each descriptor and explain how and why you can't do the activity and at what points level. You can give a more focused criticism of DWP/assessment if required here.
Hearing day
Day/s before - do what you would normally do, or eg if you need to go shopping, want to go for a walk etc then do it. Many people think they should rest up for the tribunal - a good idea, but will this make you appear eg less tired, more focused? It probably will. So be the normal you. It that is a tired, irritable, incoherent being etc then this is what you need to show the tribunal.
Comfy clothes, plain face no make up
The tribunal needs to see the real you, not the person who masks disability with slap and bright clothes.
Consistency is also important. Is anything you're wearing or how you present yourself consistent with everything in your claim form.
At the tribunal there will be 3 on the panel. Legal chairman, doctor and disability expert eg someone who has run a care home etc. These may be women or men.
Usually the chairman introduced the panel and then asks a few ice breaker questions about name address, who lives with you, any work etc. Next doctor will ask about mobility. Then the disability person asks about daily living.
Think for a moment before answering - do you understand the question, do you know the answer. Don't guess. Yes it's tempting to provide an answer but if you guess it's probably wrong and may well be confusingly wrong! Just say you don't know, or have forgotten. Say if you don't understand.
Be natural - do what you normally do. So, try not to take extra meds unless you really need to. Yes, you're on camera, but if you need to fidget, have a drink, cry etc do it!
Can someone be with you - if they are aware of your disabilities then they can also give evidence. If you do have a friend etc then they shouldn't try and interrupt, but obviously if you are getting very confusing then it would be best to announce this. The friend can and should make notes and should be prepared to contradict anything to correct what you've said at the end and mention anything you have forgotten. They should also monitor you, so if they feel you are getting very distressed, breathless etc they should ask for a break. Equally you can do this too. If you need a toilet break or even a leg stretch then ask. The tribunal should go at your pace and make reasonable adjustments to ensure that you are able to provide your evidence and be a fully involved in the hearing as you can. If the video link is in anyway faulty or you can't hear etc then do say.
At the end make sure any friend has the chance to speak, and then you can also make some closing remarks. Another chance to correct or add something if need be.
Make sure you read the appeal papers before the hearing if you can. Consistency is important.
It is likely the decision will be posted to you, but it might made at the end of the hearing
I think I've covered everything, but if there is something about the heating that you need more information about, please repost.
Good luck.
Let us know how you get on.
LL26
Firstly, as long as you send extra info in to the tribunal at least 2 weeks before the hearing date, you should be ok. However it would be good to phone the tribunal 3 or 4 days before the date just to check panel members have all the info.
What is the diary? - is it made at the time of the claim/renewal or has it been made more recently. If this is about more recent health it may not be allowed, as only evidence relating to around the time of the decision will be allowed. However, if your diary eg simply portrays a typical week, irrespective of when the actual week was it may still be allowed as genetic evidence. Do keep a copy of anything you send in. You may also wish to send in some arguments (usually called a submission,) to help promote your case.
When I write a submission, I usually start with a few background paragraphs. When you got ill, what became different, any surgery or treatment, why meds don't work or you can't take strong meds etc.
Next - have a look at the assessment report, using a spare piece of paper, work out 4 or 5 bullet points that sum up criticisms of the report. Don't nit pick every thing, just the important ones and give examples of the worst issues. Once done, write down the bullet points in the submission. Finally go through each descriptor and explain how and why you can't do the activity and at what points level. You can give a more focused criticism of DWP/assessment if required here.
Hearing day
Day/s before - do what you would normally do, or eg if you need to go shopping, want to go for a walk etc then do it. Many people think they should rest up for the tribunal - a good idea, but will this make you appear eg less tired, more focused? It probably will. So be the normal you. It that is a tired, irritable, incoherent being etc then this is what you need to show the tribunal.
Comfy clothes, plain face no make up
The tribunal needs to see the real you, not the person who masks disability with slap and bright clothes.
Consistency is also important. Is anything you're wearing or how you present yourself consistent with everything in your claim form.
At the tribunal there will be 3 on the panel. Legal chairman, doctor and disability expert eg someone who has run a care home etc. These may be women or men.
Usually the chairman introduced the panel and then asks a few ice breaker questions about name address, who lives with you, any work etc. Next doctor will ask about mobility. Then the disability person asks about daily living.
Think for a moment before answering - do you understand the question, do you know the answer. Don't guess. Yes it's tempting to provide an answer but if you guess it's probably wrong and may well be confusingly wrong! Just say you don't know, or have forgotten. Say if you don't understand.
Be natural - do what you normally do. So, try not to take extra meds unless you really need to. Yes, you're on camera, but if you need to fidget, have a drink, cry etc do it!
Can someone be with you - if they are aware of your disabilities then they can also give evidence. If you do have a friend etc then they shouldn't try and interrupt, but obviously if you are getting very confusing then it would be best to announce this. The friend can and should make notes and should be prepared to contradict anything to correct what you've said at the end and mention anything you have forgotten. They should also monitor you, so if they feel you are getting very distressed, breathless etc they should ask for a break. Equally you can do this too. If you need a toilet break or even a leg stretch then ask. The tribunal should go at your pace and make reasonable adjustments to ensure that you are able to provide your evidence and be a fully involved in the hearing as you can. If the video link is in anyway faulty or you can't hear etc then do say.
At the end make sure any friend has the chance to speak, and then you can also make some closing remarks. Another chance to correct or add something if need be.
Make sure you read the appeal papers before the hearing if you can. Consistency is important.
It is likely the decision will be posted to you, but it might made at the end of the hearing
I think I've covered everything, but if there is something about the heating that you need more information about, please repost.
Good luck.
Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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