PIP Telephone Tribunal Hearing - 17/06/2023

Hi JackieO

Are you his official appointee or are you saying you're his representative because you do all the paperwork? If you are his official appointee, then you will be allowed to speak on his behalf at the Tribunal - though the panel may still want to speak to him themselves. However, if you are not his appointee, and unless he has a medical condition that impacts his cognitive understanding, they might insist on speaking to him for the majority of the time, with you being given the chance to add anything at the end.

Just be aware of some of the things that will come up:

Driving: - Claimants should not be penalised for driving a car, and it should not prohibit them from being awarded PIP - however, even Tribunal Panels sometimes say that if someone is able to operate a car - eg grip a steering wheel and be able to safely stop the car if a tyre blows out, or swerve in an emergency - (which is expected of all drivers) - they could use similar strength to cut vegetables with adapted cutlery. Do have a look at Gary's post that may help you address any such issues if it arises. benefitsandwork.co.uk/kunena/10-dla-esa-...8543-pip-and-driving

Medication: - Check out the maximum doses for any medication he is taking and be ready to answer if it's true why he isn't on a higher dosage. There can be lots of reasons for why people take certain doses - you just want to have the answer.

Make sure that you have read the guides on PIP Appeals to make sure you're ready for the Tribunal

Good luck

BIS

Hi JackieO,
To add to what BIS, the important thing is for your husband to be natural.

For you as reoresentative/wife take notes throughout, so you know what else you need to say and or ask your husband be prepared to correct what your husband says when you have your chance to speak. Try not to interrupt as tribunals don't like this, however if you feel your husband is getting very confused and saying everything incorrectly, or he looks tired or in pain etc then it is up to you to say, that your husband needs a break. If the tribunal won't have a break remind them that they have a duty to ensure all parties 'fully participate' (Tribunal Rules rule 2) and that as a 'vulnerable adult' which undoubtedly your husband is, that the tribunal must follow the Vulnerable Adults etc Practice Direction 2008 which basically requires the tribunal to make adjustments to facilitate how your husband can give evidence and present his case. Being natural is important- unless absolutely necessary your husband shouldn't take any extra medicine. He should do what he normally does the day before, and not to feel he should rest up. If he is pain free or not anxious etc due to extra needs or doesn't look tired because he is rested, this will give a false impression. He needs to be the real disabled him. I know this sounds rather negative, but the unusually peaceful pain free person isn't real and will struggle to convince the tribunal!

For anyone else, who is reading this and is having a face to face hearing, the following is also important- So if you said in the claim form that the claimant doesn't wash often or wears shabby clothes, then that's how he should be at a face to face the hearing. Similarly if he walks with a walking stick then he should use one to arrive. Likewise remember if you need to walk into a building, and can't walk far, get a lift as the tribunal will ask where you parked! Remember that if you are in person, then a member if the tribunal could be walking into the building at the same time so if the claimant behaves differently to what us described in the firm the tribunal will no doubt ask about this.

General advice at tribunals is to be yourself and don't mask your disabilities!

I hope this helps.
Good luck, JackieO.

Let us know what happens.
LL26