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Urgent Tribunal Statement of Reasons
- Gary
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3 years 6 months ago #262163 by Gary
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Replied by Gary on topic Tribunal Advice please
Hi Ragnar
They are doing some face to face assessments but they are limited and I am not aware of the waiting times.
Gary
They are doing some face to face assessments but they are limited and I am not aware of the waiting times.
Gary
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- Ragnar
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3 years 6 months ago #262165 by Ragnar
Replied by Ragnar on topic Tribunal Advice please
Hi guy's do you think i should go or not to the tribunal? Or should i just call my advisor call it off. What's the best way to handle this mess?
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- LL26
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3 years 6 months ago #262166 by LL26
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Replied by LL26 on topic Tribunal Advice please
Hi Ragnar,
Please don't call off the tribunal, you have nearly made it! My experience suggests that there are usually more favourable outcomes if the claimant attends. I think this is because the tribunal can see/hear the claimant and that gives the tribunal a greater understanding of the disabilities involved.
I'm not going to pretend that attending a tribunal is the easier thing but it's not the worse either! Presumably you have claimed PIP because you have disabilities, and would benefit from the extra income. If you continue with your claim you have nothing to lose and everything to gain!
Like many people, I don't like going to the dentist, I find it very difficult and always extremely painful. However, I also know that I don't like toothache, and going to the dentist is the only way to solve the problem, even though it takes several days to get over the treatment. Tribunals are like dentists and are both worth going to!
The statement I referred to earlier is often called a submission. Your adviser should be able to write this. When I write a submission I would detail the claimant's background and disabilities. I would then explain the level of points I feel is correct for easy descriptor activity and say why.
There's no requirement to write a submission, but it can help the tribunal to focus on where to award points. However, a simple statement confirming your background, how and why you became ill/disabled and the effects will also be helpful if you wish to write this.
I suggest you get back in touch with your adviser and see if he/she can provide a submission, and/or help you write a statement.
Once again please do not give up. Even if you try and fail, you will have the satisfaction that you didn't give up. If you give up now, you will always have doubts, and that nagging 'what if' question rumbling around in your thoughts!
So go for it! You may actually succeed!
Good luck!
LL26
Please don't call off the tribunal, you have nearly made it! My experience suggests that there are usually more favourable outcomes if the claimant attends. I think this is because the tribunal can see/hear the claimant and that gives the tribunal a greater understanding of the disabilities involved.
I'm not going to pretend that attending a tribunal is the easier thing but it's not the worse either! Presumably you have claimed PIP because you have disabilities, and would benefit from the extra income. If you continue with your claim you have nothing to lose and everything to gain!
Like many people, I don't like going to the dentist, I find it very difficult and always extremely painful. However, I also know that I don't like toothache, and going to the dentist is the only way to solve the problem, even though it takes several days to get over the treatment. Tribunals are like dentists and are both worth going to!
The statement I referred to earlier is often called a submission. Your adviser should be able to write this. When I write a submission I would detail the claimant's background and disabilities. I would then explain the level of points I feel is correct for easy descriptor activity and say why.
There's no requirement to write a submission, but it can help the tribunal to focus on where to award points. However, a simple statement confirming your background, how and why you became ill/disabled and the effects will also be helpful if you wish to write this.
I suggest you get back in touch with your adviser and see if he/she can provide a submission, and/or help you write a statement.
Once again please do not give up. Even if you try and fail, you will have the satisfaction that you didn't give up. If you give up now, you will always have doubts, and that nagging 'what if' question rumbling around in your thoughts!
So go for it! You may actually succeed!
Good luck!
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Loubylou
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3 years 6 months ago #262168 by Loubylou
Replied by Loubylou on topic Tribunal Advice please
Hi Ragnar,
Please go through with your tribunal, ass LL26 said, you are almost there!
I know it sounds scary and horrible but actually they are independent and I can only tell you I had an absolutely positive experience, they overturned all of the bad decisions the DWP made! Awarded me higher daily living and mobility. Keep going with it, we are all with you, you’ve done so well already, you can do this!
Please go through with your tribunal, ass LL26 said, you are almost there!
I know it sounds scary and horrible but actually they are independent and I can only tell you I had an absolutely positive experience, they overturned all of the bad decisions the DWP made! Awarded me higher daily living and mobility. Keep going with it, we are all with you, you’ve done so well already, you can do this!
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- Ragnar
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3 years 6 months ago #262178 by Ragnar
Replied by Ragnar on topic Tribunal Advice please
Hi LL26 am going to go I will call my advisor on monday say I have my medical records and tell them all about it and see what they say and if they don't dump me i will ask if they would do a submission and I will do that other thing. What kind of punishment do you think am looking at a fine,or court etc? I keep thinking once all this comes out they'll be at me and Al end up losing it don't get me wrong I wouldn't hurt know one unless there really being rude and being really disrespectful look I just got on a plane lol and got stuck in lockdown. I still can't believe I done it even sitting here writing this I think about it etc. I was so terrified everything felt no real I just shut my eyes and put my headphones on full blast saying to myself hurry up and land al never be on a plane again.
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- LL26
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3 years 6 months ago #262186 by LL26
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Replied by LL26 on topic Tribunal Advice please
Hi Ragnar,
I know you are feeling extremely anxious, and you are feeling scared, and think that you will be punished. I am not sure why you think this will happen. You have explained about having to use a friend's medication when yours ran out, and when you returned home there was some sort of argument with the receptionist and or your doctor. I think you feel that this will cause a problem with what's written on your medical records.
Please be reassured thst there us no duty to forward medical records to the tribunal, and even if you do, you are entitled to redact (remove,) any parts that you do wish the Tribunal to see.
Although I am not a medic, I have some experience of mental health issues. I don't know exactly what is written in your medical records, but if it shows you were argumentative at the doctor's surgery, then it will tend to confirm that you may have problems with communication and dealing with people. It tends to confirm an anxious scared person too!
The incident at the doctor's took place over a year ago, and I am sure if you were to be taken to court and punished for that, it would have been done at the time. As long as you haven't falsified any documents I doubt that there would be any punishment about things that might be recorded in your medical records. Whilst being rude is generally not acceptable, everyone understands that frustration and anxiety can cause even the most polite person to become rude and unpleasant sometimes.
The tribunal has no power to punish anyone.This is done by the Criminal Courts, which is totally different to the tribunal that deals with PIP claims.. I have some experience of criminal law, and it is not at all obvious to me that you have committed any crime.
IF the police thought you had committed a crime then the Crown Prosecution Service would have to agree that there was sufficient evidence AND it was in the public interest to proceed. Only at that point would you need to be before the Court. You would be told of the full nature of the alleged crime and could speak to a lawyer, which could be free if you have little money. At court you would be asked if you had done what was alleged and if you hadn't done anything wrong there would be a full trial, where your lawyer could represent you, and you or others could give evidence. In the UK you are innocent until proven guilty, so there is absolutely NO WAY that you could be punished or fined by a tribunal in the way you fear.
Speak to your adviser and I am sure he or she will agree. I doubt it is necessary, but you could always seek advice from a solicitor who specialises in criminal law. There may be one at the advice centre where the adviser works. Or, he or she may be able to recommend someone locally. You may be able to get this advice for free.
I think also you may wish to try and get an appointment with your GP and explain that you are becoming very anxious about the tribunal and the problem with the receptionist. Hopefully your doctor will be also be able to put your mind at ease and help you get through this difficult time. People do make mistakes. I don't think yours are very bad. I am sure that the Tribunal will be understanding. Please try not to worry. We are all wanting you to succeed!
Don't give up!
LL26
I know you are feeling extremely anxious, and you are feeling scared, and think that you will be punished. I am not sure why you think this will happen. You have explained about having to use a friend's medication when yours ran out, and when you returned home there was some sort of argument with the receptionist and or your doctor. I think you feel that this will cause a problem with what's written on your medical records.
Please be reassured thst there us no duty to forward medical records to the tribunal, and even if you do, you are entitled to redact (remove,) any parts that you do wish the Tribunal to see.
Although I am not a medic, I have some experience of mental health issues. I don't know exactly what is written in your medical records, but if it shows you were argumentative at the doctor's surgery, then it will tend to confirm that you may have problems with communication and dealing with people. It tends to confirm an anxious scared person too!
The incident at the doctor's took place over a year ago, and I am sure if you were to be taken to court and punished for that, it would have been done at the time. As long as you haven't falsified any documents I doubt that there would be any punishment about things that might be recorded in your medical records. Whilst being rude is generally not acceptable, everyone understands that frustration and anxiety can cause even the most polite person to become rude and unpleasant sometimes.
The tribunal has no power to punish anyone.This is done by the Criminal Courts, which is totally different to the tribunal that deals with PIP claims.. I have some experience of criminal law, and it is not at all obvious to me that you have committed any crime.
IF the police thought you had committed a crime then the Crown Prosecution Service would have to agree that there was sufficient evidence AND it was in the public interest to proceed. Only at that point would you need to be before the Court. You would be told of the full nature of the alleged crime and could speak to a lawyer, which could be free if you have little money. At court you would be asked if you had done what was alleged and if you hadn't done anything wrong there would be a full trial, where your lawyer could represent you, and you or others could give evidence. In the UK you are innocent until proven guilty, so there is absolutely NO WAY that you could be punished or fined by a tribunal in the way you fear.
Speak to your adviser and I am sure he or she will agree. I doubt it is necessary, but you could always seek advice from a solicitor who specialises in criminal law. There may be one at the advice centre where the adviser works. Or, he or she may be able to recommend someone locally. You may be able to get this advice for free.
I think also you may wish to try and get an appointment with your GP and explain that you are becoming very anxious about the tribunal and the problem with the receptionist. Hopefully your doctor will be also be able to put your mind at ease and help you get through this difficult time. People do make mistakes. I don't think yours are very bad. I am sure that the Tribunal will be understanding. Please try not to worry. We are all wanting you to succeed!
Don't give up!
LL26
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