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PIP tribunal (and thanks for my partner's PIP)

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8 years 3 weeks ago #171901 by Sarah Ingram
Firstly, thank you so much to this site whose guides I have been reading, following and recommending for years. This year I wrote what was essentially a 7-page essay referring to the questions on the PIP form for my partner, and he was finally awarded the higher rate for both daily care and mobility for his CFS. When we first met he would have to go to appeal every time to get anything at all, and last time they decided quite out of the blue that he could plan and execute a journey on his own. I was determined this time to be clear that he could not, we were lucky to get an assessor who noticed/believed his pain whilst performing the standing and moving around tests and ceased the assessment before he had to finish it, which obviously led to a favourable report for us.

I have been reassessed for PIP myself, I have lifelong anxiety and depression and have was awarded the daily living component previously. At my last assessment I received 0 points. Zero! So I have appealed, and I now have a tribunal date.
I know how to speak for and represent my partner but where I am concerned it is a different matter. There are lots of things I can do, on good days, but I never know when a depressive episode might occur and anxiety or fatigue from medication stops me from doing a lot of things.

We have also just moved 200 miles so I am currently without even a GP (we have a registration appointment tomorrow) let alone a mental health team or a psychiatrist or even much of a formal diagnosis.

My tribunal appointment is in just under a month's time. I am not sure whether I even want to go through with it - I wrote my reasoning after my mandatory reconsideration was turned down. Maybe I am not entitled to PIP but I do not feel that 0 points is fair either.
At the moment we are okay financially but I am very worried that this might be some sort of mistake or could change at any moment. I don't really have anybody who could represent me at this tribunal and I already sent all of the materials I have from mental health teams etc.

Should I bother even going? Should I ask for a delay while I get my mental health team and possibly psychiatrist in place? Not that they are particularly helpful, my case is complex and I care for my partner. But I do struggle every day with thoughts of harming myself etc even if I don't actually carry those out and during bad times it's hard to get dressed, shower, eat, etc.

Sorry for the incredibly long post. I am not sure whether I should bother even showing up, I don't want to be badly triggered by what could be a very traumatic experience for me (authority figures are a big trigger for my anxiety and one of the worst/most recent traumas in my life was a disciplinary hearing when I lost my job over 4 years ago).

Thank you.
Sarah

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8 years 3 weeks ago #171926 by Gordon
S

Welcome to the forum.

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You can opt for a Paper hearing that you do not need to attend if that will help but you should be aware that the success rate for these is a lot lower than for an Oral appeal that you do. If you want to do this then contact the TS.

You need to be able to complete the PIP activities "reliably" and "on the majority of days", have a look at the PIP Claim guide for more details.

A good way to approach the hearing is to go through your PIP2, the assessment report and the Claim guide to make sure that you have shown that you meet the criteria to score points, be aware that a lot of the Descriptors have multiple elements and you need to meet all of them to score.

The Tribunal can only look at your conditions as they were at the time of the Decision being appealed, so it may not be a problem that you have not seen your new GP, etc. as the Judge may take the view that their comments are after the Decision and should not be included, although I would not let that stop you trying to see them.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

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

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8 years 1 week ago - 8 years 1 week ago #173170 by SENFSG
I am sorry but we cannot allow your post.

This message contains confidential information
Last edit: 8 years 1 week ago by Gordon.

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7 years 9 months ago #180643 by Caren
Hi Sarah,

I read your post with sadness. I can imagine what you are going through.

I recently attending an Appeal Hearing at tribunal which was rejected| I had provided evidence and the first hearing was postponed due to new evidence being presented and also because my I have complex health issues.

I believe my appeal was rejected because I was thrown off course, in that I had prepared my case but instead of being able to present it I was questioned by the attending doctor, the judge and the DWP representative. Then I was re-examined as if on trial and it completely put me into mental distress and though I could hear the questions, I couldn't comprehend the questions so said what quickly came out of my mouth rather than thinking about what was being asked and answering or referring them to my paperwork, which was what I thought I would be allowed to do. The first question I was asked on sitting down was had I bought my documents that were sent out by the tribunal but at no time were these referred to. The questions were coming fast from each practitioner and I broke down in tears to which my daughter impeded what I go through.

Since the hearing I have seen one of my specialists who has said they will support me when the appeal decision arrives. Now is too late.

I would recommend that if you have a support workers, or a solicitor or legal person who can present your case, you do so especially if you suffer from anxiety and depression because you will come out a whole lot worse, emotionally.

Do what you think is right but have the right support behind you. Don't give up, I haven't.

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7 years 9 months ago - 7 years 9 months ago #180699 by slugsta
Hi Caren,

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Thank you for your supportive words to Sarah. Just to let you know that the original post is now several months old and I don't know how often Sarah looks in, so don't be disheartened if you do not get a quick reply.

Please start a new topic if you have any questions and we will do our best to help :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.

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