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Petrified about further humiliation by a tribunal

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5 years 5 months ago #220018 by Porridge
Dear Gordon, I am preparing for a PIP appeal, but reading others’ experiences on this forum of being grilled and hectored by tribunals and often treated even worse than they were at their PIP interrogations, I am now thinking that maybe I would be a lot better off presenting my case on paper. I am fortunate inasmuch that I have got an award, albeit an unfair one (IMHO and that of the Citizens Advice service). Are there any very specific statistics which show success rates for people appealling on paper against PIP decisions for those who have migrated from DLA to PIP awards? Are there any stats for paper-based appeals where there was a PIP award in payment (but was uprated or not downgraded as a result of paper appeal)? I am suffering from extreme anxiety here again as with the PIP interrogation process, I will have to go to the GP and get some diazepam or similar.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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5 years 5 months ago #220033 by Gordon
Porridge

I'm not aware of any recent statistics that distinguish between Paper and Oral hearings, all I can say is that historically the success rate for Paper hearings is a lot lower than that for Oral ones.

However, statistics can be misleading; a claimant without a proper understanding of the criteria they are being assessed against will typically have a lower rate than someone who does, up to date evidence versus old evidence, advice or no advice, these can all significantly influence the likely outcome.

Don't be too swayed too much by those that have not been successful reporting back to the forum, at the very least they are upset by the result that they have had, that said you should go in with your eyes open, the questioning will be robust and you must consider your ability to handle this if you opt for an Oral hearing, the following are posts from members who have been successful at appeal, both Paper and Oral

www.benefitsandwork.co.uk/component/sear...se=all&Itemid=100549

If you decide to opt for a Paper hearing then contact the Tribunal Service but first make sure that any evidence and testimony that you want considered has already been sent as you will not receive notice of the hearing, just the result.

Gordon

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

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5 years 5 months ago #220083 by Porridge
OK, thank you Gordon. As I supplied plenty of up to date hard evidence from doctors, and I comprehensively filled in the PIP 2form, very carefully following the B&W guides (ALL OF WHICH WERE COMPLETELY IGNORED BY THE DECISION MAKER IN FAVOUR OF THE VERY POOR QUALITY AND UNPROFESSIONAL F2F ASS-ESSMENT), do I need to go back to those same doctors and ask for yet more evidence for the tribunal? The evidence is very full and supports descriptors and everything I have put in the PIP 2 form. I am asking this because I think that I could put toegther a good and very strong case on paper.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama

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5 years 5 months ago #220092 by Orangeblossom
Replied by Orangeblossom on topic Petrified about further humiliation by a tribunal
Hi, I also have Mh issues and wrote to explain why could not attend and was successful in a paper based appeal. I think it helped if you already have an award or points and then are contesting specific points, if you have something on paper to help it can also, or do a paper submission as in the guides in this site. Hope this helps a little.
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5 years 5 months ago #220105 by Gordon

Porridge wrote: OK, thank you Gordon. As I supplied plenty of up to date hard evidence from doctors, and I comprehensively filled in the PIP 2form, very carefully following the B&W guides (ALL OF WHICH WERE COMPLETELY IGNORED BY THE DECISION MAKER IN FAVOUR OF THE VERY POOR QUALITY AND UNPROFESSIONAL F2F ASS-ESSMENT), do I need to go back to those same doctors and ask for yet more evidence for the tribunal? The evidence is very full and supports descriptors and everything I have put in the PIP 2 form. I am asking this because I think that I could put toegther a good and very strong case on paper.


Appeals are not always about submitting new evidence, what you do have is a further opportunity to present your case and to deal with any of the issues that the DWP have raised, however, if you are happy with what you included in and with your PIP2 then you can go with that.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #220131 by Porridge
Thank you Orange Blossom and Gordon. I take strength from both of you, and I will think about it and report back what happens. HUGS.

“There isn’t anyone who doesn’t appreciate kindness and compassion.” – Dalai Lama
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