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Tribunal experience

  • ianrstaves@gmail.com
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7 years 4 months ago #175464 by ianrstaves@gmail.com
Tribunal experience was created by ianrstaves@gmail.com
I was fortunate enough to be awarded the higher care component but did not qualify for the mobility component despite the evidence that I provided.

I disputed this and for months waited for a tribunal hearing. This quickly progressed once it was in their hands.

I saw them with my advisor on Wednesday. We asked them only to look at the mobility component of my claim and I was looking forward to elaborating in detail about my condition and how I am affected by Aspergers, Dyspraxia, various sensitivities and so forth.

I was utterly flabbergasted, dumbfounded and left floundering when they informed me that if I proceeded they would look at my entire claim as they did not agree with the higher care component award and would look to reduce it or take it away altogether if I were to proceed. Needless to say I was advised not to proceed and left it as that.

After the shock, it has been replaced by rage and sheer frustration. How can you provide hard evidence for something that by its very nature is nigh on impossible to provide evidence for and affects everyone differently?!


I am utterly livid, frustrated and I'm bitterly disappointed that they chose to look at my entire claim and reduce or take it away altogether were we to have proceeded. All the more so as they have been provided with a lot of evidence as to how Aspergers and my various other afflictions affect my everyday life.

I was hoping to discuss with them my dyspraxia, how I have difficulty with the concept of time, measurements, spacial awareness and so forth and how simple body awareness takes a lot of concentration.

I feel as if I was threatened and am now very concerned for my future. Especially as my award is only until 2018.

Most of all, as you well know, I am sure, Aspergers cannot be measured very easily and affects people differently. It is very hard to put a lot of aspects of it into "evidence" such as my difficulty communicating with people, relationships, understanding verbal communication and so forth. I'm very upset that they didn't ask me to explain my case or even give me an opportunity to speak about how I am affected or even why I deserve the higher rate of care.

My every day life is a struggle and I have very little if any support and no financial support whatsoever. I am estranged from my family, have no relationships beyond that with my dog and find these very difficult.

I certainly deserve the standard rate of mobility but feel like a whipped dog and that I must remain silent for fear of losing it all. Is this it? Am I to live in fear and worry and wonder where the next amount of money will come from and whether it will be taken away in a heartbeat? What with my difficult and non existent relationship with my parents, I'm sure you can imagine what a tenuous position I am in? If I am to lose the higher component of care then I lose the small place the council has provided for me and am I to return to my aging parents household where I will be trapped in a vicious environment of domestic abuse, fear, terror and reduced to having no life whatsoever?!

Despite withdrawing my claim, can I write a letter of complaint to them or even my local MP? That I've been threatened into silence not only angers me but is also incredibly upsetting and it is unfair to treat anyone in such a manner. Especially when I am being judged by those who aren't afflicted in any way themselves or have much of an understanding if at all? I am frustrated, depressed, livid and don't want to let this go as I feel I've been treated unjustly and especially because I feel I am deserving of what I have applied for. In the scheme of things, the help and financial help that I want and think I am entitled to is a drop in the ocean. It is utterly appalling that they want to take that away from me.

What would the best course of action be? I can't simply keep quiet about it as I am filled with anger that I and I am sure others are being treated in this way?

The benefits that we do get are a drop in the ocean in the scheme of things and even that they want to take away from us?! How dare they! It is all the more infuriating as they aren't in our position, have no comprehension and have quite a nice job of being paid to essentially judge others and deem whether they are deserving of such benefits or not. I feel sick but most of all I am scared for my future and that of my dog. I thought I was finally free and independent (to a certain extent) now I am angry, scared and concerned about whether what I have got will be taken away from me in 2018.

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7 years 4 months ago #175487 by Gordon
Replied by Gordon on topic Tribunal experience
Dope spine

The first thing you need to be aware of is that the Judge had a legal obligation to warn you that your existing award was at risk if you proceeded with your hearing.

Secondly, although you may have only asked for the Mobility component to be looked at, Tribunal panels do have the authority to expand their review to the un-appealed component if they believe there is good reason for doing so.

So whilst I can understand your frustration about what happened, your letter of complaint would in fact be in regard the panel and the Judge doing their jobs properly.

There is no reason for you to be concerned about your existing award, it has been made in good faith by the DWP and providing your own actions do not call it into question then I would not expect it to be reviewed any earlier than would be normal.

As to your pursuing a Mobility award. I am afraid your options are limited. If you can show, with the support of medical evidence, that your mobility problems have increased since the Decision you appealed was made, then you can request that your claim is reassessed. Be aware that this would be a full reassessment of your claim, new PIP2 and almost certainly a face to face. The review will include the Daily Living component.

If you still wish to make a complaint then the following page has information on how to pursue the matte but I do urge caution in doing this, it is not a trivial matter.

www.gov.uk/government/organisations/hm-c...complaints-procedure

Gordon

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

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