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TOPIC: PIP Tribunal

PIP Tribunal 2 months 4 weeks ago #212386

Been for PIP tribunal. It was a horrendous experience and I feel quite unwell. It was held in civil courts and I went to pieces during the searching procedure to enter building. I had no-one with me as couldn't get anyone to come. I do have a support worker from social services but they didn't want to get involved. 

I was dazed and confused and it was very formal. No-one told me where to go or what to do. The three people on the panel were all female. They were extremely hostile and didn't allow for nerves. They told me off for asking questions saying that they will ask questions and I will answer. The questioning by the doctor felt badgering. They wanted to know if I smoke or use the Internet or have contact with people. They kept questioning on my walking how far and if I stop how long whatever I said they wouldn't stop. I have svere arthritis and COPD and two hearing aids and sight problems but my mental health plays a big part in me not going out. 

They didn't listen or believe a word I said. They asked what was wrong with me even though they have all the medical evidence in triplicate. They seem to have ignored it. I attend pain clinic at GP surgery for regular steroid injections but because it wasn't a hospital they weren't ahppy ith that. I had lost my award by one point as two points were removed for only having one hearing aid but at last assesment I had two. I brought this up but was ignored. 

It was hell. They were referring to a letter years ago saying I went to a mental health day centre which was closed years ago. This was for an application for DLA. They felt this demonstrated I was fully functioning person. 

I was told I would get a decision on the day but then told No I have to wait for them to write to me. Couldn't tell me when I would hear. Mind you I have waited a year with no money to go to tribunal. ‎

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PIP Tribunal 2 months 4 weeks ago #212396

  • Gordon
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wolfchile

Sorry to hear that the hearing was such a trial, no pun intended.

It may be a couple of days before your receive the Decision, you never know it may still be in your favour.

Gordon

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

PIP Tribunal 2 months 2 weeks ago #212992

wolfchile,
I am a carer for my husband and deal with all his DWP matters. We had a very similar experience of an ESA tribunal, where I contested non disclosure of a pension, and denied liability for a small amount of overpayment. In our case there was only one male sitting, who was a solicitor. From the minute we sat down, he ripped into me, ignorning my written and disclosed evidence because I had numbered all my diocuments myself, not realising the tribunal admin numbered them too. The Tribunal person refused to look for any document I tried to use, saying as his bundle was numbered differently, he could not locate them. He refused to let me read out my submission, insulted my husband who was in tears, and angrily shouted ‘irrelevant’, when I made any verbal defence points. We lost of course, and as someone with years of court experience, I have never seen any Magistrate or Judge act so badly, and speak with such contempt. I now know that disabled people claiming benefit after a lifetime of working and paying national insurance/tax, are treated far worse than defendants with prior offences would be treated by the courts. There is something corrupt about both the DWP process and the Tribunal process, and a disabled person who is alone would need tremendous strength to fight their way to receiving any benefits, then undergo corrupt assessments, and lose it anyway. I feel so sorry that you were treated so badly, when we should all be entitled to being spoken to with respect and compassion.

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PIP Tribunal 2 months 2 weeks ago #213170

Hello Mia

It sounds very much like my experience and I appreciate you taking the time to reply after what must have been a stressful experience for you and your husband. I am sorry you have been treated badly too. I feel lost to be honest like I am sinking and there is no help to be found.

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PIP Tribunal 2 months 2 weeks ago #213173

Hello Gordon

I received tribunal result finally. I was given two points which had been taken off me for using hearing aid. The HCP had said he didn't feel I need them and I had sent in charts of hearing loss. This gave me standard Daily Living. I was on enhanced before my PIP review. However all the evidence I had provided was not looked at. I had not received any points for needing social support for engaging with people despite having a social services support worker and providing detailed evidence of this from the agency concerned. There were many other examples. I had asked them to look at both components as I was on mobility standard rate before review and I had provided evidence to the HCP of how mobility had worsened due to chronic arthritis COPD and PTSD and have to have regular steroid injections and get breathless easily. None of the bundle of evidence I had sent it was looked at. Just asked me if I smoke or go on holiday although they did grill me on if I ever see anyone which I don't apart form support worker.

1. If I went to Upper Tier Tribunal if there was an error in law (which i don't know of there is at this stage) and if the UTT agreed and sent it back to the First Tier tribunal would this mean that the decision to give me standard Daily Living be quashed and left with nothing again while they go through whole tribunal procedure again and await new come?

2. If you have standard mobility and this is removed on review as in my case what happens when you reach 64? If you have lost your appeal and haven't had it reinstated are you never going to get it back once you reach 64?
3. How long does it take for DWP to pay any back pay on average or to start paying what has been awarded?

Thanks

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PIP Tribunal 2 months 2 weeks ago #213176

  • Gordon
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wolfchile

A restrained congratulations on the award.

1. Providing the DWP do not themselves believe that there is an Error then the award from this Tribunal should be out into payment. If you go on to win a UTT appeal and a new hearing is convened then normal Tribunal rules apply, if the panel believe that you "current" award is at risk then then Judge must warn you of this and allow you time to withdraw your appeal.

2. Unless a Mobility award is awarded either by a further appeal or a reassessment, before you reach 65 then you cannot be awarded a Mobility award or an increased award after the age of 65.

3. Usually 5-8 weeks. I would give the DWP a call to make sure that they have received the Decision Notice.

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Gordon

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