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TOPIC: PIP Tribunal and Representative advice please.

PIP Tribunal and Representative advice please. 3 weeks 5 days ago #196262

Having waited almost 7 months for the dreaded white envelope to drop through the letterbox with the date of my PIP Tribunal, it arrived and will now be in 9 days time. But since it's arrival I've been worrying as to whether or not my husband will be allowed to speak on my behalf or when I'm struggling to get my correct words out?

I'm particularly concerned since the HP at my f2f didn't even acknowledge my husband's presence anywhere on the report even though it was my husband doing most of the speaking! Didn't even enter his name and relationship to me where there's a box for just that on the report!

So, please can you advise me whether we have to contact the DWP and/or Tribunal service to get him listed as my Representative or not?

The fibromyalgia and Sjogren's symptoms have gone into overdrive since that envelope arrived and as for the tinnitus.......don't ask:ohmy:

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PIP Tribunal and Representative advice please. 3 weeks 5 days ago #196289

Hi Hc,

You should not name your husband as your representative unless he is actually trained in this role. The Tribunal would expect a certain standard of behaviour and terminology from a trained rep that they would not expect from the claimant.

You can certainly ask that your husband is allowed to prompt you if you are having difficulties - and he should be able to make a statement of support at the end of the hearing - but I don't know how much the panel will want him to speak. After all, they will get a better idea of your problems if they are in evidence while you are with them!

Have you seen the video explaining what to expect? It talks about ESA and ATOS but the principle is the same

www.youtube.com/watch?v=P5nR_Zsqrew&t=154s

Good luck!
The following user(s) said Thank You: kris

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

PIP Tribunal and Representative advice please. 3 weeks 5 days ago #196311

Thank you so much for your help Mrs. HB, it's put my mind at rest that I don't have to let anybody know in advance of the day that I'll need my husband's help, and I definitely will since the fibro fog doesn't let me get the words out when stressed, (or even without being stressed lol), and even if the words do come out they're quite often mixed up or totally the wrong word..

While my husband isn't a trained representative as such, he did serve as a police officer for 30 years and is well used to keeping things concise, (always tells me I'm waffling), and very well used to court proceedings even though this isn't quite the same, (I HOPE!). But so long as he'll be able to help me on the day without being listed as my Representative then that's fine.

Not seen the video you mention but will definitely have a gander at it later,. We've spent the day so far trying to sort our paperwork into order ready for the dreaded day so I'm afraid taking in any fresh information today is beyond me as the chronic fatigue's and the tinnitus has gone into overdrive making my usual daily headache 10 times worse lol

In one way, I'll be glad when this is all over whatever the outcome. While I'm not holding out too much hope for a change in my favour, I'm trying to stay positive purely because reading through the mountain of stuff that the DWP sent to me, it states that they, (won't have the exact words here I'm afraid as the paperwork isn't in front of me to read), suggest that the HM courts and Tribunal thingy, does NOT allow an appeal but supports the DWP's decision. However, this is the teeny fragment of hope I'm holding on to, simply because the powers that be did decide I should be given a chance.

Mind you, having read through some of their paperwork again today, they seem to be focussing on the fact that because I can drive, this task itself requires multitasking therefore I've obviously got no cognitive problems! This totally misses the point about how I honestly cannot plan and follow a journey, can't even make head or tail of a simple map when I'm the passenger. I only go to familiar places when driving and don't do any long journeys in the driving seat either. And on days when the chronic fatigue is bad, I can't drive myself at all.

Sorry for waffling on a bit there but it's just getting me so stressed out again having done my best to put it all to the back of my mind for the many, many months I've been waiting for this letter to arrive. I just want my life, such as it is, back.

Will definitely give that link a shufty later though, (probably tomorrow now as my mind's overloaded at the moment), so I can be slightly more prepared.

Thank you again, you're a star.

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PIP Tribunal and Representative advice please. 3 weeks 5 days ago #196322

Hippychick

It's a standard letter from the DWP asking the Tribunal Service to reject the appeal, just ignore it, the TS certainly will.

A Representative will be expected to know the law surrounding your claim and to be able to present your case and any relevant Case Law to the panel.

Gordon

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PIP Tribunal and Representative advice please. 2 weeks 5 days ago #196685

Thank you so much for that video link re what happens at a tribunal. Finally had a look at it and the one thing that's made me feel ever so slightly less terrified at the prospect is that it doesn't take place in the actual court room. Phew! Having been a witness in a magistrates court before, I was dreading that set up.

Only 2 days to do go then......tribunal day and while I'm not too hopeful about getting those 2 missing points for my mobility side that I was short of to qualify for the enhanced PIP, I feel now that it is a matter of principle. Since the HP who did my assessment just hasn't written what was said and who was there with me and how it was my husband who had to do most of the replies to his questions, I feel his representation that the DM had before him to come to a decision didn't have all the facts which may have made a big difference. Who knows?

Thanks again,
Hippychick

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PIP Tribunal and Representative advice please. 2 weeks 5 days ago #196698

Hippychick

Good luck.

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