- Posts: 51288
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- Tribunal & Legal Challenges - Flawed PIP Assessment
× Members
Tribunal & Legal Challenges - Flawed PIP Assessment
- Gordon
- Offline
Less More
1 year 2 months ago #282944 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal & Legal Challenges - Flawed PIP Assessment
M
Don't add content just for the sake of it, if you think it needs more then add it but if you don't then leave it alone.
The only thing I would encourage you to do is to make it as easy to read as possible. For example; numbering the paragraphs so they are easy to locate will help the panel follow the issues you are raising. If you quote content then include a clear reference to the source, in particular, if you are including Case Law then only include the relevant quote and a reference to the original hearing, the panel will not appreciate you attaching the full document.
Gordon
Don't add content just for the sake of it, if you think it needs more then add it but if you don't then leave it alone.
The only thing I would encourage you to do is to make it as easy to read as possible. For example; numbering the paragraphs so they are easy to locate will help the panel follow the issues you are raising. If you quote content then include a clear reference to the source, in particular, if you are including Case Law then only include the relevant quote and a reference to the original hearing, the panel will not appreciate you attaching the full document.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- MDBond
- Topic Author
- Offline
Less More
- Posts: 84
1 year 3 weeks ago #284949 by MDBond
Replied by MDBond on topic Tribunal & Legal Challenges - Flawed PIP Assessment
Hello,
I have just been sent a Tribunal date hearing for 20 November. I'm surprised as the hearing is in person and I expected (due to backlogs and Covid) it to be a telephone hearing.
Due to short notice I won't have my mum available to come with me, mainly for emotional support. Will this be a disadvantage to me? If so can I call and ask for an alternative date?
Otherwise I'm now nervous and a bit unsure of what to expect. I'm comfortable with my evidence which I've sent to the Tribunal.
Am I allowed to take in my own evidence and read from my statement? Or will that look bad? I've listed each descriptor on there and explained again in my own words how I believe I meet the threshold for more points. The DWP have awarded zero points on the vast majority of descriptors I'm challenging. Anyway, I just think it will help me if I can refer to my statement or at least read it before answering the Tribunal's questions.
What sort of things will be asked? Will it be the same strange and sometimes illogical questions the DWP ask? For eg, can you use a knife and fork? Answer Yes, but my conditions mean I can't eat without pain or vomiting, or I won't eat anything besides snacks for the majority of each month.
I hope this makes sense!
Any advice or tips would be great as I'm feeling nervous about the in person hearing.
I have just been sent a Tribunal date hearing for 20 November. I'm surprised as the hearing is in person and I expected (due to backlogs and Covid) it to be a telephone hearing.
Due to short notice I won't have my mum available to come with me, mainly for emotional support. Will this be a disadvantage to me? If so can I call and ask for an alternative date?
Otherwise I'm now nervous and a bit unsure of what to expect. I'm comfortable with my evidence which I've sent to the Tribunal.
Am I allowed to take in my own evidence and read from my statement? Or will that look bad? I've listed each descriptor on there and explained again in my own words how I believe I meet the threshold for more points. The DWP have awarded zero points on the vast majority of descriptors I'm challenging. Anyway, I just think it will help me if I can refer to my statement or at least read it before answering the Tribunal's questions.
What sort of things will be asked? Will it be the same strange and sometimes illogical questions the DWP ask? For eg, can you use a knife and fork? Answer Yes, but my conditions mean I can't eat without pain or vomiting, or I won't eat anything besides snacks for the majority of each month.
I hope this makes sense!
Any advice or tips would be great as I'm feeling nervous about the in person hearing.
Please Log in or Create an account to join the conversation.
- BIS
- Away
Less More
- Posts: 8392
1 year 3 weeks ago #284950 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Tribunal & Legal Challenges - Flawed PIP Assessment
Hi MDBond
Only you can say whether or not you feel that your Mum's support is key to you getting through the process of the Tribunal. You can request a change of date citing the fact that your Mum, who is going to be your support, is not available.
Yes, you can take your own evidence with you and read from it.
I can't tell you exactly what they will ask, but the aim is to establish whether the DWP made the right or wrong decision. So their questions will be around the PIP criteria and yes, it's possible that there may be one or two questions that seem strange or illogical.
BIS
Only you can say whether or not you feel that your Mum's support is key to you getting through the process of the Tribunal. You can request a change of date citing the fact that your Mum, who is going to be your support, is not available.
Yes, you can take your own evidence with you and read from it.
I can't tell you exactly what they will ask, but the aim is to establish whether the DWP made the right or wrong decision. So their questions will be around the PIP criteria and yes, it's possible that there may be one or two questions that seem strange or illogical.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MDBond
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
1 year 3 weeks ago #284955 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal & Legal Challenges - Flawed PIP Assessment
M
Just to clarify your using written evidence at a Tribunal hearing, while the Judge can, on the day, accept new written evidence they are not obliged to do so and may decide to postpone the hearing to allow you to provide it to the court.
The proper procedure is for you to submit it to the Tribunal hearing at least two weeks in advance of the hearing so that it can be distributed to all parties.
If you are simply going to read from the document and do not intend for it to be specifically part of the hearing record then it is not a problem.
Gordon
Just to clarify your using written evidence at a Tribunal hearing, while the Judge can, on the day, accept new written evidence they are not obliged to do so and may decide to postpone the hearing to allow you to provide it to the court.
The proper procedure is for you to submit it to the Tribunal hearing at least two weeks in advance of the hearing so that it can be distributed to all parties.
If you are simply going to read from the document and do not intend for it to be specifically part of the hearing record then it is not a problem.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: MDBond
Please Log in or Create an account to join the conversation.
- MDBond
- Topic Author
- Offline
Less More
- Posts: 84
1 year 3 weeks ago #284966 by MDBond
Replied by MDBond on topic Tribunal & Legal Challenges - Flawed PIP Assessment
Thank you to both of you. I will think about possibly postponing the date, but may go ahead now that you've said it's ok to read from the witness statement/evidence I've already sent to the Tribunal.
I actually have a question re the Mobility elements of PIP.
I had a brief session with a benefits advisor in the summer and she told me that the number of steps I take only count if I walk outside the house. Is this true? Because my conditions mean I can't go outside or walk without significant pain for the majority of the month. I've already told the DWP that, consistently, yet they have chosen point 2d and said I can walk for 50 metres.
Any clarity on this would be great, thank you
I actually have a question re the Mobility elements of PIP.
I had a brief session with a benefits advisor in the summer and she told me that the number of steps I take only count if I walk outside the house. Is this true? Because my conditions mean I can't go outside or walk without significant pain for the majority of the month. I've already told the DWP that, consistently, yet they have chosen point 2d and said I can walk for 50 metres.
Any clarity on this would be great, thank you
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8165
1 year 3 weeks ago #284985 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal & Legal Challenges - Flawed PIP Assessment
Hi MDBond
If you read the moving around activities (a) - (f) there is no mention of moving indoors or moving out doors, it just states "move".
Gary
If you read the moving around activities (a) - (f) there is no mention of moving indoors or moving out doors, it just states "move".
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David