PIP Tribunal hearing

Hello Emmanuel,

Well done for fighting your position as far as a tribunal.

I can only tell you how they usually go. There will be a panel of 3 people – the judge, who is a legal expert who also chairs the tribunal, a doctor and a disability expert. Obviously there will also be you on the call, but if you have asked someone to represent you or support you they will also be there, and it is possible that someone from the DWP might be there.

The Judge will introduce everyone and explain what is going to happen. It is almost certain that each member of the panel will ask you questions, you will probably find that one of them will ask the majority, but you really can’t read anything into this. They will probably start with general questions about your condition and then move onto specific questions about the PIP activities. If there is someone from the DWP there they will also be invited to speak.

If you have any issues which will effect your ability to participate in the hearing you should tell them at the start. E.g. I find it very uncomfortable to sit for more than 30 minutes so please may I have a short break every so often, or I find it hard to concentrate because of my medication so please excuse me if I am slow to answer your questions. Etc etc.

You should have received a big bundle of papers, known as ‘the bundle’. Each of the pages has been numbered and if you can, I would recommend putting it into a file so there is no risk that when you are nervous all the papers suddenly go everywhere. I also put bookmarks into this so I can more quickly find something if I need to. The tribunal panel and the DWP will have identical bundles with the same page numbering, and you may find that during the course of the hearing they refer to it. You also have the right to refer to it. For example ‘page 15 of the bundle is the letter from my consultant which says that my wrists are weak. This supports what I am saying about not being able to lift a saucepan filled with water’.

You can see from that you need to familiarise yourself with the bundle and where things are that you want to make sure they have seen. This takes time and is a little tedious, but well worth the effort. If the same way you may wish to say something like ‘the assessor recommended that I scored 0 points because I walked into the room unaided. But the reality is that I had taken extra pain killers that day, and when I got back home I was in so much pain that I could not walk more than a few steps for the next 3 days.’

I always have a tick list of points I want to ensure that the tribunal has heard, and I mark these off as they are covered. You might want to use our guides again to remind yourself of what you need to highlight. If they get to the end of their questions and you still have something on your list you will almost certainly be asked if you have anything else you would like to say – use that opportunity to say it. If you don’t get asked something like that – say it anyway - .e.g Before we finish I would just like to say that … ‘

And finally – be yourself. If you need to take time to think, take it; if you need to get and move around then do so, if you need to take a few minutes to adjust your position take them. And although I am not suggesting your present anything other than how you are, don’t take extra medication to help you manage or do nothing for days for before so you are abnormally rested. Let them see you are you really are.

I hope that helps, and please do come back to us if you have any further questions.
Catherine