PIP tribunal

Hi Roch82

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

I can feel your frustration, the first thing you need to do is get a copy of the assessors report called a PA4, once you get the report go through it with a highlighter highlighting any errors , also make a note of items missing from the report.

Understand that the assessor is offering an opinion when they say that you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said.

Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.

Has you Citizen Advice compiled a submission for the tribunal?

When I do a submission I use the assessors report as my starting point and go through each question, I write down what the assessor has awarded and then what I believe should be awarded and why I believe it should be awarded, ..... the why bit is the important part, especially if you can match it with any supporting documents you sent in.

Some practical advice for the Tribunal;

- have a glass or better still a jug of water available
- make sure you are seated in a comfortable chair, you are going to be there a while
- create a bullet list of any issues you want to be covered
- have the papers available, so you will need to be sitting at a table or similar, if you need to refer to a particular document then do so using the handwritten number usually in the right-hand top corner
- pen and paper in case you need to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
- you cannot record the hearing even for personal purposes

Gary

Hi Roch82,
A Tribunal hearing sounds scary, but try not to worry. The panel are experienced people. A lawyer (judge) doctor and disability expert, eg someone who runs a care home. They are independent from DWP. You may well have seen courtroom dramas on tv - people wearing wigs and gowns, and pointing accusing fingers. That is not a tribunal! If your hearing is face to face then basically you will sit one side of the table and they sit the other side. (Or it might be two tables if you have a bigger room.) Wear something comfortable, even if it is face to face or video. (This could be tracky bottoms and a t shirt if need be.)
Gary has described a phone hearing scenario, but that applies equally to all hearing types. You can have someone with you at any hearing. eg Your Mum. She could give evidence on your behalf. Unless you are really struggling to give answers the tribunal tend to prefer to hear answers from the claimant, so she shouldn't interrupt unless absolutely necessary.
The key is to be yourself. If you have said that you seldom wash or shave then don't. That's also why I said wear something comfortable, anything however shabby. And if you really don't wash very often, then the tired possibly smelly tracky bottoms will show you.
Now this probably sounds horrendous, and your Mum if reading this will probably be screaming at the computer going ' I didn't bring you up to look a mess!' But, and this is important, you need to be YOU! The horribly disabled, want to crawl into a hole away from everyone you, the tired, aching you who struggles to walk very far. If you are a lady, then no make up.
Another common mistake is to think, hmmm big day tomorrow, will rest up, go to bed early, and take extra meds. So, that means that you are now bright and breezy, not looking the usual fatigued painful or anxious self. (Which of course coupled with a nicely pressed shirt and trousers or skirt, and possibly vibrant make up and red lipstick, will make you look stunning, but unfortunately not disabled.) (Sorry!)
Take all the meds you usually take, but if you can manage without extra then do so. If the day before is a nice day and you want to go0 for a walk, (however far that actually is, ) or do the shopping, then do it. Do whatever you would ordinarily do, no need to overdo it, just think of it as a normal day and you do as normal. Then you will be naturally fatigued. This will come across, ad will pain. And particularly so if you have a video hearing or have to go to the tribunal hearing in person. Do all of these things even if you have a telephone hearing as they will put you in the correct mind frame.
So you look like a disabled person, you behave like a disabled person, now all you need to do is to speak like one. I know that it is very embarrassing and confronting talking about personal issues, and of course PIP is all about the things you can't do which is a very negative process. However, just for this one day, be that negative self. Be brutally honest. You will have an hour or so to 'impress' the tribunal and you need to sell your negative self. Think about how you do things (or not). If you say 'I can manage to cook, but it is a bit of an effort' you are unlikely to score points. If you say, 'I can't hold a knife properly because my hands shake. I cut myself 3 times last month, the second time required 3 stitches...' This version is more likely to succeed. You must tell the truth, but the blunt bare facts are required, not the bland 'I struggle to do this'.
Read the claim form. Is this correct, of course if you forgot to tell them about incontinence because it was too embarrassing tell the tribunal and explain why. Otherwise be consistent - as I said earlier, if you don't wash and need prompting, the tribunal are not going to expect to see a well-shaven, well kempt individual, and it will confuse them if they do! For one day, be you, be the real you.
OK, this sounds daunting, but this is a n hour maybe slightly longer. It's like the dentist. I hate dentists, they fill me with dread. Following a car accident I struggle to open my mouth very wide and even a check up causes me considerable pain. Fillings genuinely are a nightmare experience. However, I know when I have toothache, the dentist is a Godsend. Yes it's truly horrible and for me extremely painful, even with the anaesthetic, but hey, not having toothache is a bonus. The tribunal is like the dentist. Worrying, and you know it's going to be difficult, but there is a shining light at the end, and if you win you will be awarded your money. Worth the ordeal I reckon!
Finally, just think for a moment before you answer any question. Just process the question, and make sure you understand. (This should only take a moment. If tribunal ask why are you a bit hesitant, just say you want to make sure you understand and give the correct answer, and this was recommended by an adviser - I have never had a problem with any client in this respect.) If you don't understand say so. It maybe that you don't know the answer - maybe you never did, or given the passage of time you have forgotten - then say so - it is tempting to make something up - don't the tribunal will have to work on whatever information they get - a random answer just for the sake of answering the question will confuse them and this could lead to less points!
Remember that you will need to be discussing you condition around the time of the decision (if this is a renewal) or 3 months back from claim date and 9 months forward after that for a new claim. However tribunals often miss the 3+9 point on new claims. They will often simply discuss what your health was like at the time of the decision. If your health is much the same then as now, just describe things as they generally are. You may need to think more particularly if things have changed a lot.
We will all be thinking of you here at B&W. You are not alone.
Good luck.
LL26

Hi Roch

I'm sorry that there were no mods on to answer your question yesterday. I hope that your Tribunal went well

BIS