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PIP tribunal - irrelevant questions

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3 years 9 months ago #261017 by glitterqueen27
PIP tribunal - irrelevant questions was created by glitterqueen27
I had a PIP tribunal by telephone. It was a complete disaster. After two hours of being grilled , not only did I lose my appeal they said they believed I'd been given too many points and took some away. So not a success story for me.
There is some hope as they said I'll have another tribunal and I will definitely be better prepared this time. The problem I have is that I feel some of the questions the judge asked were not only unnecessary and irrelevant but in some cases inappropriate. It was a telephone tribunal and I had my partner who is also my representative with me. The judge asked my partner several questions which were not relevant. Things like how did the two of us meet? Questions about whether he works. Why did we move house two years ago. Why did I move 7 years ago. I'm sorry but I don't see how these questions were relevant to my appeal. Is it normal to be asked questions about your relationship?

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3 years 9 months ago #261040 by LL26
Replied by LL26 on topic PIP tribunal - irrelevant questions
Hi Maria m,
I'm sorry to hear that your tribunal experience wasn't very pleasant.
There are a number of things that J need to comment on:
Irrelevant questions- these are often asked, and I don't know why. Sometimes it's just for background information. I guess it depends on the point the tribunal member is thinking about, in their own way things that appear Irrelevant could well be very relevant, but it isn't obvious to the rest of the world!
However a succession of irrelevant questions and a lost appeal could suggest that the tribunal or at least that member isn't thinking about the correct legal tests.
Further Appeal
You have lost your appeal, and gave a right to appeal to Upper Tribunal if there is an error of law. Potentially if existing points have been removed there should be a warning given, so this might be an error of law.
What you need to do us to write into the tribunal and ask for the Written Statement of Reasons AND the Record of Proceedings. (The ROP will probably be a cd Recording if this was a phone hearing.)
You 1MONTH from decision notice date to ask for WSOR/ROP. It may take a while to get this.
As soon as you get the WSOR photocopy thus, so you have an original unmarked copy, and one you can scribble on. You may need to make a transcript of the cd ROP.
Does the reasoning in the WSOR compare with the evidence recorded on the cd?
So, for example if the WSOr says 'claimant walks to post office which she says is 600m' and you clearly said either you can no longer walk to the post office or the distance is only 60m then this could be an error of law as the actual facts don't tally with the decision. Have a look again at the members guides, which explain various bits of law such as safely, reasonable time etc did the WSOR discuss the relevant law? Any discrepancies are likely to be an error of law.
Providing you have at least one arguable error of law on a material point, then you may be able to appeal.
If you identify one or more errors of law, firstly write to tribunal and ask for the decision to be set aside and/or for leave to be granted to appeal to the Upper Tribunal. Explain the possible errors of law. The First Tier Tribunal will then review the case and can set the decision aside.(This means the decision is cancelled and you get a new hearing.) Or the FTT will send the case directly to the Upper Tribunal if the law involved is more complicated. If the FTT won't agree to set aside, you can apply directly to the UT.
However, first get your WSOR and ROP and find those errors if law.
I hope this helps.
LL26

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

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3 years 9 months ago #261042 by glitterqueen27
Replied by glitterqueen27 on topic PIP tribunal - irrelevant questions
Thank you for your message. It was a disaster from start to finish. The one good thing is that I think they couldn't quite agree on a decision, apart from the fact they said I have been given too many points so they're going to send me to another 1st tier tribunal. This gives me another chance, I wasn't even given the opportunity to have my say and believe me I had many points I'd wanted to discuss. After two hours of questioning me the judge said we were going to take a quick break and carry on, but when they came back the judge said they'd decided I was getting too many points and were going to send me to another tribunal and that was it.
The following user(s) said Thank You: Gary

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3 years 9 months ago #261310 by ANGELA
Replied by ANGELA on topic PIP tribunal - irrelevant questions
Hi Maria, I had a FTT several years ago that was a disaster.
When you answer their questions THAT is the time you put forward your case.
I didn’t know this. I thought I would have ‘time at the end’ to put my case forward.
Mine also ‘jumped about all over the place’ and put my head in a spin. I was not given ‘page numbers’ to see what info they were referring to. It wasn’t in any form of chronological or indeed logical order. My brain was in a knot by the time I was done.
It’s horrible, and I think, abusive.
I also think that some of the questions are ‘trying to catch you out’. This is appalling as their starting premise is that you are lying. It’s horrendous. I am truly sorry that you have endured this.
At my second FTT, the judge couldn’t have been more different and the panel were obviously intelligent and had read everything.
It literally took me 12 months to psychologically recover from this 2.5 year ordeal :-(
Good Luck x
The following user(s) said Thank You: denby, glitterqueen27, LL26

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3 years 9 months ago #261322 by denby
Replied by denby on topic PIP tribunal - irrelevant questions
Poor you and everyone who suffers. I still feel scarred after our daughter's FTT several years ago even though she won. It was the 'disability' rep who was banging on to her about cooking fresh fish in a microwave instead of ready meals. If she had taken her nose out of her papers and looked across at our daughter's hands, she could have seen for herself they are like balloons with fluid despite the medication, so she is not lying about not being able to grip things reliably. And I got told off for trying to contribute when she was sobbing too much to speak with the stress and fear. In a way I would rather not retell all that, but I want readers to know bad experiences are not aimed at them specially, they happen to all sorts.
Kind wishes, Denby
The following user(s) said Thank You: Gary, ANGELA

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3 years 9 months ago #261332 by glitterqueen27
Replied by glitterqueen27 on topic PIP tribunal - irrelevant questions
Hi Angel,

Thank you so much for your kind message. It was a horrible ordeal and yes I very much felt like they were trying to catch me out. I was repeatedly asked the same questions as if they could get me to change my answer. Thank you for your support and giving me hope.
The following user(s) said Thank You: ANGELA

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