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Tribunal Walk Through

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3 years 10 months ago #260337 by Alice-Anne
Tribunal Walk Through was created by Alice-Anne
Hi,

Is there anywhere here or elsewhere online that you know of that has an example of a tribunal? As the date nears I am getting more and more stressed and wondered if there was anywhere to help with what to expect.

Thank you.
The following user(s) said Thank You: toffee2003

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3 years 10 months ago #260346 by LL26
Replied by LL26 on topic Tribunal Walk Through
Hi Alice-Anne,
I'm not aware of an actual guide to how tribunals are held, but I have represented many people at tribunals, so I can explain what I know.
I assume that you will have a phone hearing but aside from the technology what happens is likely to be substantively the same.
On a phone hearing the clerk who just deals with sorting out calls and printing etc will phone you up, and any friends or representative who need to join in.
Important note - when you get the date notification, make sure that you contact the Tribunsl on the number given to give your phone number. Make sure you have a good connection. Maybe sit at a friend's house if you have poor connection. Your friend (or a relative etc) can speak on your behalf and give evidence too, if this would help.
At a hearing in the courthouse, you can also bring a friend etc to be with you and speak for you.
So once everyone is settled into the room or by the phone, the judge, a lawyer will introduce himself and his colleagues; a doctor and a disability expert. The judge will then explain how the tribunal hearing will proceed, and that they are independent.
Normally there are a few questions about where you live, work, if you do work, and family set up etc. Then often the doctor will ask about mobility, how far you can walk, problems following a route etc. Then the disability expert will ask questions about the daily living descriptors.
The judge or doctor might from time to time wish to clarify things.
Then you/friend/representative will be able to say anything before the tribunal make their decision. This is often done there and then, but sometimes is made later in the day, especially if the tribunal is running late. If so, the decision will be posted out later on.
If you can take notes or get a friend to do do this is really helpful. If a phone hearing, there will be a recording. It is a criminal offence to record a tribunal hearing yourself. If you are in a courtroom setting, then there might be a recording or if not the judge will be taking an official note. (You can always make notes, but not record.)
Before the hearing haveca read of the appeal paperwork. If possible write some bullet points on s piece of paper, if you wish you can send these to the tribunal earlier. Just go through each descriptor, and explain what points you should get and why. Use examples. Look at the members guides for more help. There may be mistakes etc in the DWP assessment is so, say so. However don't ficus on every misspelling and grammatical error. You can make a comment saying that these have occurred, and sweeping assumptions or mistakes have been made and then just highlight the worse two or three.
Remember that all activities have to be done safely, repeatedly, in a reasonable time and to an acceptable standard. Also for the majority of days. (Regulations 4 &7 PIP Regulations 2013)
You can remind the tribunal of these 2 regulations as a summing up too!
I hope this gives you a bit of insight into the hearing. The tribunal panel are experienced and will expect you to be nervous etc. Just be yourself, try not to take any extra meds etc unless you absolutely need to, as then the panel will see/hear the pain free, not nervous version of you, which won't be the real (disabled) you.
Just another thought. If you have a phone hearing, tell the panel if you need a break, don't understand, are feeling confused etc as they won't be able to see you and respond to your body language. The tribunal should go at your pace.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MrFibro, Alice-Anne

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3 years 10 months ago #260384 by Bud
Replied by Bud on topic Tribunal Walk Through
Alice-Anne, I've acted as a represented for someone & had my own telephone appeal in the past 3 months. Admittedly I was really stressed waiting for the phone call, but I needn't have been as both panels were lovely to me. Just take your time & answer the questions that they ask, make notes to remind yourself of the main points. At the end they will ask you if you have anything else to add, so if they've missed anything out it's your time to let them know. The first appeal lasted over an hour, & the Judge & Dr asked questions, the 3rd person (think it was a disability officer) didn't. The second appeal lasted just seconds as they just said that they were going to give an award, much to my shock. It's no where near as bad as we imagine, it's just the waiting for that call really. You'll be fine.
The following user(s) said Thank You: an ex nurse, Gary, Alice-Anne

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3 years 10 months ago #260395 by Alice-Anne
Replied by Alice-Anne on topic Tribunal Walk Through
Thank you. That's really helpful. :-)

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3 years 10 months ago - 3 years 10 months ago #260410 by BIS
Replied by BIS on topic Tribunal Walk Through
Hi Alice Anne

There is a book in our resources - Called the Benchbook (It's about three quarters down the page. www.benefitsandwork.co.uk/help-for-claimants/pip#appeals It will give you information about Tribunals. It's dated 2006 because the Tribunals service refuses to release a newer edition - but you might find it useful.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 3 years 10 months ago by BIS.

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3 years 10 months ago #260422 by Mystery666
Replied by Mystery666 on topic Tribunal Walk Through
Hi BIS, I have tried to open the benchbook a number of times from different devices and it will never open.

Any ideas? Or is it just me?!

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