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2 years 6 months ago #272294 by Mark
pip tribunal was created by Mark
Hi all I have a pip tribunal on the 28th of July,
And I've been let down very badly, I had a representative I think I found on here who was a no win no fee lawyer,
Well today he said he can no longer represent me because it's a face to face rather than a phone call,Well he has known this for weeks but just told me today now I don't know what to do
Any help guys
Mark

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2 years 6 months ago #272297 by LL26
Replied by LL26 on topic pip tribunal
Hi Mark,
Sorry to hear you have been let down. Perhaps there is a local benefits advice centre who can help?
Has your representative made a submission? (ie legal arguments) has this been sent in? If so then much of what you need to say will hopefully already be in front if the tribunal.
You have 2 options.
Do you think the representative you have is any good- if so you could ask the tribunal for an adjournment, so the hearing can be held on another day, when your rep is available. This assumes you think he is OK, and will actually turn up!!
If you want to adjourn you will need to write into Tribunsl and say your reo's not available and you can not deal with the hearing on your own. (Explain briefly why)
Option 2
Continue with hearing. If you are unable to find a substitute rep Explain to tribunal straightaway they might adjourn the hearing anyway at this point.
If tribunal are happy to proceed then answer the questions yourself. You could also bring a friend or tekatiblve to support you That person can also give evidence of your disability etc if they know of this. The supporter should be prepared to intervene if they feel you are struggling or unable to cope.
If you are alone and feel you are struggling then you could ask for an adjournment even though the case is part heard.
There is an overriding objective of fairness for the tribunal. If they felt you would benefit from having a rep they could also adjourn the hearing at the start of half way through.
Remember you have a right of a fairl trial too! The tribunal don't have to agree to an adjournment but must consider this judicially.
You could make notes to help you at the hearing.
Just be brutally honest and say it how it really is. In everyday you might 'manage' to wash or cook, because no one is there to help and rhe alternative is to not do it! You have to explain that you do these and other PIP activities but are eg in a lot of pain, take too long, can't do to acceptable standard or repeatedly. Etc
Read the appeal papers before the hearing and take these along.
Get to the hearing in good time, you might be seen eg walking from the car park, so walk as you would normally, use a stick if you say you need one. Get a lift if the car park is far away. The tribunal will ask how you got there, and will know the distance from the car park. If this is more than your stated walking ability they might think you have exaggerated! If you get dropped off outside the door and only walk 10m it is likely that this is within your limit.
Wear comfortable clothes If you can't f do up buttons etc wear easy pull on clothes. If you don't usually wash for a few days, then don't. Turn up unshaven etc, with an unclean shirt. If this is the normal you, be you, don't go smart in a suit to impress, it won't work! Quite the opposite! If you have fatigue etc don't rest up the previous days. If you need to get the shopping, or need to walk the dog etc, then do this. Go to bed at normal time. Yes, that might mean you are tired. The tribunal will see this and it will add to the picture of you bring tired and too exhausted to to daily living tasks or walking. Similarly just take normal meds. There is a temptation to take an extra pain killer or whatever but then you will not be in the usual amount of pain, or will be more alert than normal. Again wrong approach!
If you say you need to be accompanied to go somewhere dont go alone to the Tribunal!
Tribunal need to see the warts and all disabled person you no doubt usually are the one described in the claim form too!
(Sorry, PIP is a negative process but just embrace this idea for the hearing!)

However, it is very poor that a rep cancels at this late stage. Maybe he can move things from his diary . You need to be clear why he can't cone. (This will be important if you do ask for an adjournment.) If he is a solicitor or from a welfare rights organisation there might be an alternative rlep there. If you feel you have been mistreated, then you may wish to make a complaint. Make sure you get any papers back from the initial rep eg his submission as this may help you, as explained above.
I hope this helps.
Let us know how you get on.
LL26

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