Tribunal & Legal Challenges - Flawed PIP Assessment

Thanks BIS
I appreciate you taking the time to offer some kind words and feedback. You're right, they were not warm, except when they seemed to want to have a pop at me. Not great to hear I likely did end up with a 'bad' panel or at least one that grills claimants onerously. Am I allowed to say what city this Tribunal was in? I have a feeling they treat all claimants in this same negative way, and perhaps letting everyone know where this happened may help others?

With Tribunals, is it the same members sitting on the panel for say years? Or one year? I just get the feeling this is how this particular panel run things (i.e. long sessions with breaks, mainly for them to decide what they want to ask next) and because of that, they give me the impression they have done this for a while if not a long time. They seemed comfortable with this approach is what I'm trying to say. Yet everywhere I've looked, most people say it's usually a 30/40 minute session which may over run. But this panel decided they wanted to grill me for 90 mins with a break in between for them to get a cup of tea.

I forgot to add, I was told at the beginning by the judge that they would break in the middle. So they knew they wanted to take a long time and had planned it. They didn't offer me a break because they saw I was upset, in case that's what anyone might think.

Ultimately I don't believe they will strip the other 8 points I was granted from me, but they certainly all seemed a bit 'fed up' with me, and I've no idea why. The judge asked me why I was still taking painkillers if they didn't work (!), and I said I'd never been offered any more by my GP despite telling him I couldn't cope with the pain. It's like they think I should be helping myself more to deal with my condition, but I can't order my GP to prescribe me stronger painkillers. Just felt like unfair and accusatory questioning really. I bet there isn't anywhere I can complain about them, except I could maybe leave a poor review on Google.

Thank you so much Anji! Just seen your message. You can read how it went Now just have a nail biting wait to see exactly how right I am about the panel.

Also I would like to just add -

I spoke to my accountant re what the DWP lady said about my finances/company. Ironically it was my accountant who first advised me to apply for WTC years ago, so I know he wouldn't be advising anything illegal. I asked if the DWP had got this info re what money I'm 'drawing' from my company from HMRC and he confirmed they had as it's not freely available online. His opinion is that the DWP lady said/asked this because she was trying to show I worked a lot/earned money. But this failed as I don't and had already said it was previously saved money. If showed the DWP my bank statements (which I won't), they would prove my company isn't earning any money right now, so again, it's not worked.

But really, what is this to do with PIP? You can work and claim PIP at the same time. My condition means I can't work all month/full time and I now get WTC with a disability element so I only need to do 16 hours a week which I can thankfully manage. I was hugely struggling to do 30 hours a week with my condition, hence why I went for PIP as well to change my entitlement to reflect what is truly happening now.

The judge also asked what I was living on if I wasn't earning money currently through work, but he said this before the DWP lady said what she did. Can he ask this? Just seems a bit irrelevant if PIP is not affected by how much you work or what money you already have. I just said I'd saved money I'd earnt previously and was living on that. Can they ask this though? Just seems like prying into my financial affairs rather than anything else. Or maybe they were hoping I'd let slip I had a secret millionaire boyfriend tucked away and a whole secret life of constant parties, socialising, 24 hour work shifts and whatever else they were hoping to uncover. I'd expect that type of underhanded behaviour from the DWP, not the panel.

Sorry for the endless rant, the more I think about it the more it feels like the panel were trying to catch me out and they were frustrated that they couldn't, or that they were failing, hence why they got more brazen and judgemental in their remarks. Awful people. Not sure how they can sleep at night. Thanks all for your kind comments and support, it really means a lot

I’ve just read your thread. Wow what an absolute disgrace of a system. Well done for staying strong and seeing this through. I hope you get the outcome you are looking for.

Hi MDBond,

I do sympathise and have some understanding of how you feel as I experienced an awful tribunal back in 2018 and remember how I felt after I left, having to go home and then wait for the decision. Mine was for ESA and I had a representative with me who was also rather shocked at the way the Doctor in particular had acted towards me. On a positive note I did win the appeal- not correctly scored of course but won anyway. It took me a while to shake off the trauma of the experience if thats not too strong a word and I have never related the experience to anyone as I prefer not to revisit it! I had another review late last year and it was surprisingly straightforward- all done on paper with no interrogation!
So, like me, I really hope that despite the miserable experience you get a result you are happy with.

All the best,

Gaddy

Hello MDBond,

So sorry to hear all this. I'm even more glad now that I heeded BIS's advice last weekend and spoke to the man from the DWP who phoned me about my son's appeal, then offered to reinstate his award. I was dreading having to attend a tribunal and your account makes me feel even more relieved that I didn't have to. I don't understand why the Department for WORK and Pensions feels the need to make life so difficult for people who do, in fact, work - it's a complete mystery. You would think they'd be pleased about it and give you all the help you need to continue to do so!

Please let us all know the outcome of your tribunal - we are all hoping you succeed!

Best wishes,

Wendy Woo