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Tribunal result - appeal upheld

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6 years 1 week ago #210819 by Jutey
Tribunal result - appeal upheld was created by Jutey
Whilst our appeal was upheld in part and my daughter was awarded high rate care I will never go to tribunal again.
Our appeal was based on managing nutrition and managing medications & therapy.
There were 3 members on the panel judge, dr and disability worker. On entering the room my heart sank the dr who carries out most of the questioning was an elderly gentleman a retired dr no longer practicing. I had a feeling our questioning wouldn’t be easy. I was correct. The gp started by asking about her condition my daughter was quite tearful at this point and it was clear she was distressed. He asked her to explain why she couldn’t complete these tasks herself, she explained situations that had happened which were quite traumatic traumatic his response was “well do what if this happened what difference does this make.” At this point my daughter broke down and was unable to speak she was inconsolable they offered a break but she couldn’t even answer at which point they said I could speak for her as her appointee.
There was a real lack of understanding on Mental health issues from both he GP & the judge. At one point he compared her reluctance/denial of her chronic condition and ability to not complete these tasks like a Teenagers reluctance to take down their washing to the washing machine. They awarded high rate but reduced the renewal period.

It took so much out of us both. This was only our experience, my advice to anyone who is considering appealing especially if it’s for the wrong level of award is it worth it? I never want to see my daughter in that state again.

I would like to thank Gordon & the team for the support they have offered. Thank you so much.

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6 years 1 week ago #210838 by Gordon
Replied by Gordon on topic Tribunal result - appeal upheld
Jutey

I'm really sorry that this was such an ordeal for you and your daughter, congratulations on the award and well done.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call next week to make sure that they have received the Decision Notice.

Gordon

tags: @RESULT @PIP @APPEAL

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

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6 years 1 week ago #210865 by Jutey
Replied by Jutey on topic Tribunal result - appeal upheld
I couldn’t believe the questioning techniques they had no idea how to deal with vulnerable young adults. The question was very accusatory. They didn’t use opening questioning etc which I was quite shocked at. Honestly I am glad it’s over unfortunately it will mean we probably receive the renewal pack at the end of this year.
I was told to call the dwp to alert them of the decision. Thanks again for you support.

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6 years 1 week ago #210885 by Judy
Replied by Judy on topic Tribunal result - appeal upheld
So sorry to hear that this was so traumatic for you both. But please don't let this put you off appealing again if you have to, because the judge and doctor are most likely to be different ones next time. And why should you miss out on what you are entitled to :) Hope this helps to restore your faith.

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