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PIP tribunal in 2 days

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6 years 4 months ago #201023 by bumblebee121
PIP tribunal in 2 days was created by bumblebee121
I finally have my PIP tribunal in 2 days time. I'm very very nervous about it and am hoping for tips to help with it.

I had been getting higher rate mobility PIP (and so had a mobility car), and standard rate for DL but then after my f2f assessment was given 0 points for everything. The assessor lied saying she had examined me and everything was normal and had observed me walking more than 20m at a normal pace etc when she did not examine me at all and the only walking she observed was the 3m to the assessment room. I now know this is very common, although it is really no less shocking.

They did not send me a decision letter so I presumed all was well. However when I tried to get a new mobility car, I was told I needed a decisions letter to show them. I then asked for it and it was only at this point 3 months after my f2f assessment that a decisions letter with 0 points was sent out to me.

I looked on this site and requested mandatory reconsideration by following the advice on here and sending in lots of evidence. It seems that 2 people looked at my MR. The first gave me enough points for standard DL and enhanced mobility. The second took most of those points away again, prefering to take the word of the assessor as they said there was no reason for the assessor not to tell the truth! They ignored the evidence from my GP, my physiotherapist, my psychiatrist, my pain consultant and my Mum who had been at the assessment with me. Is it normal for 2 people to look at mandatory reconsideration and 1 to be able to override the other?

When I was sent my MR decision it contained no information on how to appeal or anything about deadlines. I think it was the same sheet that goes with the initial decision letter, just saying that the next stage is mandatory reconsideration, and that after that you can appeal but no info on it. I was so depressed that I didn't chase it up straight away.

I eventually phoned them up after about 2 1/2 weeks. They insisted they had sent the information, but when they checked the letter they'd sent they admitted they had sent the wrong information. At 3 weeks I was sent the information sheet telling me that I had a month to appeal but the information website it said on the sheet no longer existed.

I phoned them when they were next open on the Monday and they eventually gave me the correct website and information about how to appeal. By then I had only 4 days to appeal. It was very very stressful but I tried to follow the advice on this site and spent the whole time trying to write the appeal. I said to the PIP people that I was not going to have time to get representation before I had to appeal. They assured me that I could get representation after I had appealed.

Once I had sent in the appeal I contacted CAB to arrange an appointment. Once I saw an advisor, they told me that they would not be able to represent me as I had written the appeal and not them. There hadn't been time to get them to do the appeal for me before the deadline so it had been impossible.

I now finally have my tribunal but am scared as I don't have representation and don't know what I'm supposed to do in there.

Would be grateful for any advice.
Thank you

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6 years 4 months ago #201049 by Gordon
Replied by Gordon on topic PIP tribunal in 2 days
bumblebee

At the risk of making your situation worse, if you only have two days to the hearing then it is too late for you to do anything significant in preparation for your appeal, any submission you might have wanted to present needed to be with the Tribunal Service at least seven days before the hearing.

The best I can suggest is that you go back through your PIP2 with our PIP Claim guide to familiarise yourself with the criteria you need to meet to score points.

The panel will be asking about your limitations so be prepared to answer questions about this.

Gordon

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

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6 years 4 months ago #201061 by bumblebee121
Replied by bumblebee121 on topic PIP tribunal in 2 days
Thanks Gordon,

What could make it worse?

I remembered wrong when I posted, it was only when I got to the appeal stage that I signed up for this site and did the appeal submission based on the advice on here. I realise I can't submit anything new at this stage but have submitted a comprehensive appeal statement making it clear (hopefully) which bits I am appealing and why. I have also submitted a lot of evidence.

It would be useful to have some information on what to expect at tribunal. What would a representative done for me in the actual tribunal that I will now have to do just by myself?

Also I would like to know whether it is normal for 2 people to look at a case at the mandatory reconsideration stage and 1 to overrule the other.

Thank you

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6 years 4 months ago #201085 by Gordon
Replied by Gordon on topic PIP tribunal in 2 days
bumblebee

There is a Ministry of Justice film which shows what an ESA appeal is like, a PIP one is not significantly different apart from the panel consisting of three people, the third being a person experienced in disability issues,

MOJ Video of ESA Appeals Process and Tribunal

It's impossible to say what a trained Representative might do on the day, it could range from nothing to a lot, their primary role is to understand the criteria against which the claimant is being assessed, the law under which the benefit operates and an UTT Decision that might modify the law.

However, even with a Presentative present, the vast majority of questions are aimed at the claimant.

Yes, it is standard practice for a second Decision Maker to be involved during an MR.

Gordon

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

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