PIP tribunal

Hi, my husband's PIP appeal is next week and I've been compiling a letter and statement in support of his appeal. I usually speak on his behalf as he cannot remember details of his condition/illness, medication he has to take and consultations etc., and have asked if I would be able to do this at the appeal as I fear he will just break down as it's at our local court and he feels he is on trial. I spoke at his PIP assessment but the additional and correct information is not mentioned in the assessors report or that I had to prompt and encourage him and verbally correct my some of answers. There was also no mention of how difficult he found the cognitive memory tests, stating he had adequate memory and concentration when he actually struggled with the serial sevens, remembering three items and spelling world backwards. In the PIP2 I wrote that he has memory problems that affect what he can and can't do everyday although I this is not listed in the history of conditions as it is caused by his temporal lobe epilepsy and brain lesion and this appears to be what they are disputing when I wrote how he cannot follow a route or journey, needs supervision when preparing or cooking a simple meal and other descriptors. I included all his consultation letters which have stated the memory problems are related to his seizures and temporal lobe epilepsy. Will we be able to question this at his appeal? I don't want to mess this up for him but in hindsight i would never have applied for PIP because of the shadow it has cast over his life since last March when we first applied. The decision maker also wrote that the decision is based on impact and not diagnosis of conditions but we applied because of the impact on his life and in June 2017 his MRI showed his lesion is stable but it showed cerebral infarcts, no symptoms of strokes, but they are trying to say if he has deteriorated then he should submit a new claim. Can I dispute this. His seizures are up in the air but when this happens the hospital just up his dosage of meds or change them. Apologies for the long message but really would appreciate some advice.

Thank you for your reply. I have actually contacted the tribunal clerk and she emailed me back to say I can submit further evidence via email, post or on the day so I may be able to put forward something that can help. She also said I could send a singed authority from the appellant for me to be added as a representative at the appeal. I really can't sit back and leave my husband to do it alone as he wouldn't have a clue how to sort through the paperwork as there are nearly 300 pages in total. Once again thanks for your reply and fingers crossed we get a positive result next week.

Hello Jen
When I read your message you described my husband to a tee he has epilepsy hypoglycaemia and cognitive problems caused by brain tumour. We have another first tier tribunal next month so I really know how you are feeling right now. I have my fingers crossed that you are successful and hope that you let us know
Good luck Kes

Hi Kes
We won the appeal. The DWP sent their own representative which made my husband even more nervous.The panel were very thorough with their questioning but they also questioned the DWP guy about how the descriptors in their report had been completed as the assessor had not entered any information that I had given on the assessment day. I spoke at length at the original interview which went on for 2 and a half hours, correcting, reminding and encouraging my husband but none of this was mentioned. We provided in depth statements and further information on most of the descriptors but this was ignored and the judge highlighted this on their first question, then the next and the next. We were shocked at the omissions in the assessors report and had put together a list of the omissions and contradictions from the assessors report but did not need to use any of them. The DWP did not argue the case and when asked if he had any further questions, he declined. We felt vindicated when we were given the decision and they awarded my husband enhanced daily living and enhanced mobility indefinitely. I can't thank benefits and work enough for the guides on the website and you must read everything you can when putting together your case. The guide, The Best Possible Ways to Challenge a PIP Medical Report, was really helpful. Although I didn't use anything in the end to put to the appeal panel it helped me to take the assessors report apart and find the errors and omissions. All I can say is to try and stay calm and don't interrupt the judge when they are speaking. They asked my husband questions and he did try to answer as best he could but when he told them he couldn't remember things they were quite happy to let me speak on his behalf filling in details and giving the names of his meds, consultants, illnesses, dates etc... I had already applied for permission to represent him but in all honesty he did have to answer some questions himself, as much as he was able to. We are still in shock but glad we went to appeal even though I did say previously that I would never had applied if I'd known how much people are put through. I think that the government need to look at ATOS and their employees as they cause unnecessary suffering to people who are desperately ill and it's a scandal and shameful. Best of luck with your appeal, and i'd appreciate if you could let me know how it goes. Jen

Hello Jen
My husband has been awarded Enhanced Care and Enhanced Mobility.. Yeah!!!
I have posted about our tribunal experience under my other topic “Our pip journey and waiting times” it is currently on page 3.
Face to Face report implied nothing wrong, the HCP wrote no evidence of cognitive problems and told my husband benign brain tumours don't cause problems. Epilepsy, Status epileptic-us in a coma for 3 days which caused brain damage. Umm wrong there then!
Report from Neuro psychologist Cognitive Tests with detailed diagnosis which actually matched PiP descriptors almost word for word... Ignored by all.
Mandatory You guessed it no change.
Tribunal THREE grumpy people I think the Doctor thought we were on trial for murder, they were, rude, cut us off when speaking, pulled faces and puffed.
Because my husband was struggling to speak they said he was inconsistent and evasive and that he had NO Cognitive problems because he filled in his pip form?. They never asked who filled it in and it was evident in the language used that he did not. (HE has, affects HIM, MY husband etc.). Very sloppy use of words in SOR and didn't even quote PiP regulations correctly and it was repetitive with facts that could not be proven. As they entered the room it was as if they had already made their decision, well they must have because they never asked about the pip form or tests.
District Judge refused permission to appeal and said there were no errors of law, I am no expert but I counted at least five problems. I have read somewhere that it is not unusual for them to refuse.
Upper Tribunal Judge allowed appeal said the first line of SOR was an error with directions to do it again with regard to safety regulation, for the first time it felt like someone knew the rules.
Second time at First Tier Tribunal So different all smiles, helpful disability member, Judge saying we have heard enough after three questions, there again I think decision had been made before hand. So my conclusion about PIP and this is only from our experience, it's a hard struggle you are beating your head against a brick wall and at the end of the day dependant on the humanity of the people making the decision. Although we are delighted I cant help but feel for everyone going through this awful, unfair, unjust and inhumane time. Finally Jen can I just say this is only my personal opinion and I have sent it to you because you asked me to update you.
Best wishes for the future to both of you, I'm off now to donate to our local food bank its only right to pass on our good luck.
x kes