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had PIP tribunal today - I felt 'grilled

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4 years 2 months ago #256365 by Anne
Hi, sorry this is more of a rant than anything, had my PIP tribunal today via telephone. I felt the judge was very condescending, spoke over me and was rude. I suppose it is their job to remain impartial and to act in this way. It immediately made my anxiety worse and I ended up stuttering my words and becoming flustered. Took a break after around an hour whilst they 'discussed'. The tribunal was made up of the judge (not so nice), the dr (who only spoke at the end and asked 2 questions) he was relatively nice. The independent disability person and then someone from the DWP was also present.

The judge kept saying things to me like 'are you telling me the assessor is wrong' and 'are you telling me that you told this to the assessor and they did not document this'. The assessment report from the assessor was so wrong and basic I had so many discrepancies to dispute I felt like they could not have believed me. He kept commenting things such as 'what you are telling me you said is completely different to what the assessor has documented'. I felt so anxious and saddened by this. Can anyone tell me is this just the judge being a 'judge' and remaining impartial and serious?

Also my son had completed the initial questionnaire for me and although we had documented that he had supported me there was no where on the form that we had properly documented that he had filled it in. They seemed to ask a lot of questions about this and said things like 'so are you telling me the writing on the form is your sons and not yours'.

We broke for a break and they said on return we will go through the descriptors. However on returning to the call they made it clear I had given them a lot of information and there was no need for any further questions, only 2 simple questions from the doctor.

At the end the DWP person was asked if he had any questions and he responded 'No, I honestly have no questions, it appears there has been so many discrepancies within the medical report that I would ask you; the judge for your professional opinion moving forward.

The call then ended and I was told I would receive the decision in the post.

I am not quite sure what to think or do now and I feel so deflated at how the judge spoke to me. He was also not pleasant with the DWP member of staff either. But I felt like I was been questioned by the police for a crime. I was not put at ease at all.

I do not want to put anyone off as I am sure it is the way they need to act to remain professional and impartial.

I am just simply looking for some guidance and maybe venting a little.

Just want to say a massive thank you to this website and the forum which has been so helpful in helping me prepare for this. I just have to sit and wait and keep everything crossed.

Thanks again :) keep safe everyone.

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4 years 2 months ago #256386 by Catherine
Replied by Catherine on topic had PIP tribunal today - I felt 'grilled
Hello Anne,

I am so sorry to hear that the tribunal left you feeling so bad. I think you are right, the judge was just being the judge. Viewed not through your natural lens of anxiety it sounds as if he/she was just trying to make sure that they had correctly got everything you said and that there was no ambiguity. That has to be good.

Regarding your checking that your son had filled in the form, again I can see why you feel uncomfortable able that, but oddly I am quite hopeful. If you had filled it in it would have been evidence to your capability to do so, which is probably why they wanted to make sure that you hadn’t. (I ran up against this once in a tribunal. Unfortunately for the lady I was with, we had drafted her responses to the PIP2 form over a couple of sessions and then I had typed them up for her approval before going on the form. Over many days she copied them onto the form, and this was seen as evidence that she could do all sorts of things. Fortunately she got enough points on other descriptors.)

Again, I would be encouraged by the response of the DWP person. To me it would suggest that they thought your evidence was fairly solid.

You are right, there is nothing you can do now other than to sit and wait. Try to do something nice and not think about it (not easy I know). The tribunal will almost certainly have made their decision in a discussion immediately after your call ended, so you should not have to wait too long.

Assuming the tribunal agrees with you about the poor assessment, unless you have already done so, you might want to consider making a complaint about the assessor to the DWP.

Please do come back to us when you know the outcome of the tribunal.

Hoping for the best for you,
Catherine

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

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4 years 2 months ago #256514 by Anne
Replied by Anne on topic had PIP tribunal today - I felt 'grilled
Hi Catherine,

thank you so much for your kind reply. It is still constantly on my mind, but we are just keeping everything crossed.

Nothing came in the post today, so I am hoping tomorrow is the day.

I did get an e-mail today from the tribunal service which said that the decision had been made, they could not tell me via the phone and that I would receive the decision before the 3rd March. I really hope I am not waiting until the 3rd March.

They also ended the e-mail by saying to contact the DWP if I had any questions about the benefit. I wondered if anyone knew if this was a generic e-mail? and if it is normal to receive it 2 days after the hearing?

Again, just looking for anything I can cling on to for good news.

Thanks again for your help and advice.
Anne :)

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4 years 2 months ago #256535 by Catherine
Replied by Catherine on topic had PIP tribunal today - I felt 'grilled
Hi Anne,

All pretty much usual communication. Can't read anything into it, either way.

Really sorry about that, but please do let us know as soon you know. We all have keyboards and mice crossed hoping for the best for you.

Catherine

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4 years 2 months ago #256560 by Anne
Replied by Anne on topic had PIP tribunal today - I felt 'grilled
Hi,

thanks again for your advice and support.

Received the tribunal decision today and unfortunately they have scored me 0 points on both mobility and daily living.

Absolutely devastated with the decision. I honestly do not know what to do. I will re apply for a new claim for PIP. I really do not know how they make their decisions and I am so saddened by the whole process.

It makes it so hard to even put into words how when I know myself the facts that reading the descriptors I fully meet most of them, the fact the initial assessor was so wrong in what she documented on the report compared to what I said and the fact that there are so many lies and consistencies within her report.

The tribunal scored me absolutely no points at all. I am broken with the decision.

I understand that I can try to appeal the tribunal if there is an error within the statement of reasons - I really feel like they have not at all listened to me and I would like to know their reasons for this. Apart from the fact I was absolutely grilled and thrown under the bus in the hearing. I feel so much of their actions are so unethical it is beyond comprehension.

My questions to you for some advice please are:

I will request the statement of reason, if there is an error in this and I decide to appeal to the upper tribunal (I honestly do not think I am strong enough) can I still attempt a new claim alongside waiting for this? Reason being my health has rapidly deteriorated since the initial claim in 2019 and I am in desperate need of progressing forward in someway?

Thanks again
Anne

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4 years 1 month ago #256571 by BIS
Hi Anne

I'm sorry the result of your tribunal is a negative one.

You can appeal to the Upper Tribunal by saying that you disagree with the decision and give the reasons why - you no longer have to try and find an 'error in law'. However, there's little point in doing that until you see the statement of reasons ( which you have requested) and assess whether you have a chance of having the decision overturned. Even then, they will only send the papers back to the First-Tier Tribunal telling them to look again. You may not get a better result.

You can put in for a new claim immediately but I would still wait for the statement of reasons before you do so. If you scored nothing at all then it appears the panel agreed with the assessor and the decision-maker. (However, if it does not come through within a couple of weeks - you can always put in an appeal and say you will expand on the reason when you have the statement).

You said that the original report was full of errors - but you need to understand why your efforts to show the assessor was wrong weren't listened to. I know you said the judge was awful - and they sound very unpleasant, but the panels usually read all information that was submitted. You need to take the opportunity to look at how you presented all your original information and whether there are any ways that you could do it differently, or whether you need to add additional information.

I'm not suggesting you did anything wrong, but you need the statement of reasons to know how you can fight differently. This can be dispiriting when you have worked so hard on your application and been through the assessment, the MR and then an appeal which you've lost, but you want to do everything you can to avoid it happening a second time.

This is really tough and you're obviously at your wits end, but get the statement of reasons and see what you can learn from it and then decide how you want to proceed.

BIS

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