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TOPIC: PIP Trbunal worh the stress!

PIP Trbunal worh the stress! 1 month 1 week ago #196945

Because today in the case of the DWP big guns V the little people, (me), I'm thrilled to say that the underdog, (me), WON!

Having gone from DLA low rate for the care component but high rate for mobility indefinitely to the enhanced rate with 12 points for the daily living on PIP but only standard rate with 10 points for the mobility component for review in 2022, we'd gone through the MR process. Had that rejected by the second Decision Maker, then the request for appeal which wanted the H.M. Courts and Tribunal Service to uphold the DWP'S decision, (Decision Maker number 3).

Finally today was the day for my Tribunal after almost 7 months being in a state of flux.

After the introductions, the Judge told us that they are all independent of the DWP and said that since I'd already been awarded the enhanced rate for daily living they'd only be focussing on my getting around albeit they knew we had several disputed descriptors for the daily living but they'd be leaving that alone. I knew at this point that at least I wouldn't be losing my enhanced rate for that then.

The Doctor asked me most of the questions which included my ability, (or lack of), to plan and follow a journey, which I honestly cannot do and had said so on my PIP2 form and at the f2f assessment, but nobody had taken any notice of me. Thankfully, this Doctor did. He could also see that I was NOT able to walk 20-50m without having to stop as the HP had said in my assessment report, so I did get my 2 missing points for that but in addition to that I was also awarded 10 points for the planning and following a journey so a total of 22 points and quality for the enhanced rate mobility!

My husband was allowed to help me when I got stuck trying to get the right words out and he was also allowed to speak after the panel had finished with me for which I was grateful. I couldn't have done all this without his help and support.

While this has been a very stressful time since the day that dreaded brown envelope dropped through the door informing me that my DLA was coming to an end up until today's Tribunal, I have to say it's been worth all the stress, extra pain and flare ups from my Fibromyalgia, Sjogren's and Chronic Fatigue just to get the decision myself, my family and everybody who knows me thought I deserved. It was really a matter of principle for me because of the HP's work of fiction aka f2f assessment.

So if any of you, reading this are unsure about trying to get the decision from the Decision Maker's report changed, just keep at it. YES go for the Mandatory Reconsideration and YES if you get knocked back again, go for the appeal and subsequent Tribunal because these panels are made up from actual human beings and not jobsworths employed by the DWP.

Well peeps, that's it all over........until 2022 at least, when I'll have to go through all this again but hopefully a shortened version of it all lol

Thanks from the heart of my bottom to all at B&W who've been such a great help throughout the process and the information your site has is definitely worth the membership fee which I shall keep subscribing to, so that I'm prepared for 2022.

Thank you again, you're all stars.
The following user(s) said Thank You: Mrs Hurtyback, ivyfox, kris

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PIP Trbunal worh the stress! 1 month 1 week ago #196962

Hippychick

That's brilliant news, well done.

Gordon

tags: @RESULT @PIP @APPEAL

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

PIP Trbunal worh the stress! 3 weeks 5 days ago #197731

Thank you for sharing your experience and positive news. Can I ask if the tribunal were happy for you to just have your husband there and no 'official' representative?

Thanks.

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PIP Trbunal worh the stress! 3 weeks 5 days ago #197782

Yes, they are ok with that. I had family in to support me.

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PIP Trbunal worh the stress! 3 weeks 5 days ago #197795

kris wrote: Thank you for sharing your experience and positive news. Can I ask if the tribunal were happy for you to just have your husband there and no 'official' representative?

Thanks.


Yes Kris, the tribunal were perfectly happy for me to have my husband there and for him to speak on my behalf once I'd done my best to respond to their questions. The judge even offered him a pen and paper so that he could make notes as I went through my 'grilling', (but it wasn't a bad grilling I promise you), for things he wanted to bring up at the end. Fortunately, my husband had gone prepared and had his own paper and pen to hand. But the doctor and judge were clear that I had to be the one to answer to the best of my ability before my husband gave his four penneth at the end.

I have to also say that the three people who made up the tribunal panel were very kind and emphasised that they were totally independent of the DWP. They also told me, more than once, that they weren't going to ask me any trick questions, which they didn't. In fact, you could say that the tribunal was made up of actual human beings, unlike any I'd previously had contact with during my PIP marathon.

If you're going through this process Kris, grit your teeth and stay focussed on the end goal and please, please don't be persuaded to not bother going through with it. That's exactly what the DWP want us to do and I had no intention of giving them that satisfaction even though I did find it all extremely stressful which made all of my symptoms much worse from which I'm still suffering. The real aim of my appeal wasn't just to try and get those extra 2 points I was missing for the mobility component, (and then got a surprising 12 extra points for that!), but also to discredit the HP assessments report which was a work of total fiction throughout and my husband and I felt satisfied that the three human beings on the panel, saw through the HP's report as all of the medical evidence I submitted was consistent and his was the polar opposite! The letter my GP did was also instrumental in helping me and to think I nearly didn't ask him for that letter! Best thing I could have done to help my cause.

Good luck Kris, if you've got this ahead of you, but I'm sure if you follow all the advice from the moderators on this site, you'll be fine.

Hippychick
The following user(s) said Thank You: kris

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PIP Trbunal worh the stress! 3 weeks 4 days ago #197809

Dear Hippychick (and all). Just to let you know that yesterday I attended tribunal, and sounds like a very similar experience. The panel were superb, it was a long hearing. There was a DWP rep there, with no influence over the decision, just to make sure process was followed. So I ended up with 10 pts for Daily Living, and 4 for mobility. My great friend came with me, former partner, as I am deaf, and the panel wee fine with this. Even with aids there is a lot of 'eh, pardon'? So I am pleased with this. Gordon has said it can take DWP several weeks to make the payment, my review date is 2020. DWP can still appeal the decision from the letter I received yesterday (straight after hearing). And yes, the stress, my award has been backdated to October 2016, when I made the application (first time applicant) so since January. Taking a break from it all now - my experience enabled me to help friends claiming Attendance Allowance for their parents. Also, the DWP rep was courteous, and thoughtful, what you get on the other end of a telephone will often be an overworked, stressed out worker,
on the whole I think they try to help, it is this rigid system they are stuck with, and of course the providers.. I didn't produce anything 'new' but my GP updated a letter, more robust and detailed, three friends submitted testimonies confirming what I had said, and my lovely friend was heroic throughout. I have learnt from the process, advice and comments from this forum.
Fingers crossed for more news like this. Have good weekend all.

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