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PIP Appeal Tribunal Completed - Absolutely Awful

  • Jackie V
  • Topic Author
8 years 10 months ago #135056 by Jackie V
My 20 year old daughter did receive lower rate mobility and middle rate care DLA as she suffers from Chronic Fatigue and non-epileptic seizures. When her award ended she was "invited" to apply for PIP. Her claim was refused. Mandatory reconsideration followed, still refused. All arguments by the DWP were based on out-dated medical evidence (she doesn't go to the GP every week to tell him she is still ill). And so, we had to go to tribunal. This took place yesterday, after 18 months from application stage.

We (well I) had done our research, further evidence submitted was based on advice from this website and our local Community Law advice centre stated that they felt she should be awarded standard care and enhanced mobility.

We were in the tribunal for an hour and half, there was a judge, doctor and disability rights worker - he was the worst. They stated they were independent of the DWP but, quite honestly, the Nazi interrogators had nothing on these three. Without actually saying it, they accused her of being a liar, asked her why she would take the risk of doing anything and focused on the once in a blue moon occasions when she actually tries to be independent. My daughter was in tears throughout, as was I, and they didn't appreciate that she was trying to be "normal" despite her disabilities.

We left after a total of two hours, with my daughter completely exhausted (which will now have a knock on effect on her quality of life for the next few days) without a decision. We have to wait for that in the post.

The purpose of me writing this is basically to implore everyone who feels they want to go to tribunal to be absolutely certain that they are prepared for what is a harrowing,exhausting and demoralising experience. My daughter has decided, and I can't blame her, that no matter what the decision, she will not go through this again. She would rather survive without the money that gave her an opportunity at independence, than face that.

Congratulations Conservative Government - this may well be another genuine claimant who hasn't chosen to be ill, that comes off the benefits bill.

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8 years 10 months ago #135066 by Gordon
Jackie

I'm sorry to hear that your experience of the appeal system was not a good one, I do agree that claimants need to be prepared for the effort, both physically and mentally that is involved in appealing.

To offer some balance to your comments, for anybody reading this, we have had members report that their appeal hearing was handled professionally and with respect although I suspect all would agree that the questioning will be tough.

Gordon

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

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  • ken
8 years 10 months ago #135074 by ken
I have had numerous tribunals, only once did it go bad, and that was when welfare rights forgot to turn up when I was expecting them to (plus I got ill half way through).
Sometimes the questioning has been tough, sometimes the questioning has been excellent, but on the whole I would say the tribunal service (apart from posting my entire bundle of confidential medical stuff to a stranger by mistake, and apart from losing ALL records of my previous tribunals) are hard working, honest and professional.
Wait for the decision, if it is bad, you can get legal advice on appealing.
Please do not let this one bad experience put her off appealing again, the DWP will most likely force her into a situation where another appeal is required in the future.

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  • Jackie V
  • Topic Author
8 years 10 months ago #135215 by Jackie V
Thank you for your advice, we were obviously unlucky to get the people we did. Anyway, the decision came today. Refused. 0 points for both. (she did have 2 for living and 4 for mobility). I'm devastated for her.
So what can we do now? Is it best just to submit a fresh claim? They did ask her a lot of information about whether her illness was better or worse than at the date of decision (it's got worse) even though I didn't think they could take that into account. Or do we go for another appeal, although my daughter has understandably been put off tribunals.
There is no reasoning, just "while we accept she has cfs and seizures they are not limiting enough to score any points". I cannot even begin to understand their reasoning.
Additionally, is it worth complaining to someone about her treatment at the tribunal or will that be a lost cause?

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8 years 10 months ago #135222 by Gordon
Jackie

You can only make a further appeal on the basis that there has been an Error of Law in the proceedings not because you disagree with the Decision. See

What is an Error of Law?

The first stage to making an appeal to the Upper Tier Tribunal is to request the Statement of Reasons and the Record of Proceedings

Tribunals – Requesting a Statement of Reasons

Appeals to the UTT can easily take a year to be heard. You might want to have a look at the following which explains the process in more detail.

www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision

You can make a new claim for PIP immediately as there is no waiting time, If your daughter's health has deteriorated then this would not be something that the Tribunal panel could have looked at, but is something that can be included in a new claim,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Waylay

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8 years 10 months ago #135227 by Derek4
Hi Jackie

Sorry to hear of you and your daughter's experience - it does sound truly awful.

If you feel that the tribunal have failed to treat you with the respect and sensitivity you expect, and is required of them, you could consider making a formal complaint regarding their behaviour at the hearing. This is of course entirely separate from any appeal against the actual decision.

Complaining to HMCT

Regards

Derek
The following user(s) said Thank You: Jackie V

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