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PIP Tribunal - Adjourned - Any Assistance Please

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7 years 1 month ago #210193 by Karen
Hi Everyone
I went to Tribunal on the 26th February 2018 with my son (who has severe Mental Health) in relation to appeal for Enhanced Mobility PIP. (we already have enhanced Daily Living and Standard Mobility) My son had to take medication to travel there.

He had his assessment at home due to him not being able to travel. However, I read that it is best he attends the Tribunal as the panel like to see you face to face. He was very anxious and the psychosis had kicked in. To make things worse we had to wait 30 minutes in a waiting room as they were running late - so by the time we got in there my son was not in a good place and I was really worried.

We got into the Court Room and introduced by the Judge to the Doctor and another person on the panel (who sat above us). I was sat next to the DWP Officer.

The Judge then asked me if I was representing my son to which I replied "yes". She then went onto say "you do know that we are going to look at all of your claim, not just the mobility part" to which I replied "yes". She then said "well I need to warn you that I have looked at this and you may walk out of here with nothing". She then gave me an example on the Daily Living part - which she believed had been scored incorrectly, when I went to advise her why the score should remain the same, if not higher. She held up her hand and said "no, I cant discuss that, you either agree to carry on, or go outside and decide whether you want to adjourn the case until you get legal advice".

My son who really was feeling uncomfortable (that is an understatement - he has Psycho Affective Disorder and ADHD) just got up and walked out of the Court Room. I went to go after him as he is very vulnerable - but the Judge stopped me and said you need to take your coats and bags if you leave. I said but my son has just gone off, he is vulnerable - she did not show any empathy. I really felt like we were criminals.

Anyway moving on - we are now waiting for the notice to go back -I cannot find any solicitor who deals with benefit advice. I have been to my MP who has written to the Secretary of State and am waiting for that response.

I have gone through all the descriptors and really am not afraid to go back in to court as I am totally confident that he will get both enhanced on Daily Living and Mobility.

Looking through the DWP correspondence notes, assessments etc. there is so much contradiction - at one point the assessor and the quality assurance manager disagree which each other on points.

Is there anything anyone can provide me with to help me to prepare for the next Tribunal Hearing.

Thank you in advance

Karen :)

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7 years 1 month ago #210220 by Gordon
Karen

Please take the warning seriously, the Judge would not have made it unless they had serious doubts about the award currently in place. It does not mean that he will automatically lose it but you need to be very sure of the points that you believe he should score.

As to advice, make sure you understand the criteria that he needs to meet and that you have shown that he does in any papers that you have submitted for the hearing. The PIP criteria is very specific so treat the Descriptors as they are written and do not try and "stretch" them to meet his conditions.

Remember the criteria is based on him reliably completing the activities on the majority of days.

Gordon

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

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