Tribunal situation

Hi lauren

Tribunal times varies across the regions, so we cannot give you a time.

During lockdown tribunals were done over the phone, I am now seeing face to face hearings coming back.

When you go to a Tribunal I would advise you not to take additional medication to help you cope as this will go against you, also wear your normal everyday cloths, do not dress up as this goes against you.

I told one claimant to wear everyday clothing and she turned up in a onesie which she wore everyday.

At the tribunal there are usually 3 people, (Judge/Chair, doctor and lay person) sometimes a DWP Presenting Officer will be there. The Chair will usually ask you questions, don't rush in answering, make sure you fully understand the question, if you don't understand the question ask them to repeat, once the Chair has finished the doctor may ask some questions followed by the lay person.

At the end you will be asked if you want to add anything , it is a good idea to write bullet point list on what you want to say before the Tribunal and then tick them off as they come up during the hearing, any that do not come up then raise them at the end.

You will be asked to leave the room whilst they make a decide or they may tell you that they will send you the decision in the post.

If you have a telephone tribunal, quite often a decision has been made on the submission you may have sent in with supporting documents.

If it is a telephone tribunal then in principle, it should be no different from a face to face appeal, there should still be three members on the panel although it is possible that there will be less. The questioning will still be about your limitations in regard to the PIP activities.

Some practical advice;

- 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

Note ... you cannot record the hearing even for personal purposes

Gary

Hi lauren

If there are any documents missing from the bundle and the missing documents would help your claim, then send in a copy of the missing documents to HMCTS, providing you have at least two weeks before the hearing date if not, if you have a face to face hearing make 3 copies of each document and hand them in when you attend the Tribunal.

Gary

Hi lauren,
I am often asked about what hearings are like, and have written about this before , so this is what I have written. Some of thus repeats what Gary has already said, but it is easier to copy the whole article, so I apologise about repetition - hopefully you will find thus interesting....



The hearing is via phone, so that takes away a lot of the issues involved in having to get to the Courthouse etc.
Obviously make sure that your phone is charged and have a glass of water, or a coffee nearby. Of course you can have eg your partner/son/ friend etc with you. They will allow him to give evidence, but will expect you to answer the questions, unless it becomes obvious that you have eg become too anxious and can not do this. He can prompt you, but again the tribunal will expect you to try and answer. Important things like dates etc should be made by your if you get these wrong as this can then lead to inadvertent confusion.
Make sure you go to the toilet before the hearing.

If you have your son etc present, he should monitor your well being. I'm not going to pretend that you won't feel somewhat nervous or anxious, but the tribunal won't necessarily know if you need a break for whatever reason. If your son feels you are struggling he should ask the tribunal for a five or ten minute break, also if you need the toilet.

The hearing will be like a job interview, it will comprise normally 3 members on the panel - Judge, Doctor and Disability expert (eg someone who has run a care home etc) Once the phone connection is set up, the judge normally introduces the panel and asks a few generic questions about you and your household. The Doctor then asks more detailed questions about your illnesses etc. You may then get asked specific questions about each descriptor activity by the Disability Expert.

The important thing is to be brutally honest. I know many people with disabilities will tell friends - 'oh yes I can manage that', but the reality is very different - they have their game face on, and don't explain that they have to grind through the pain, make several attempts before getting the task done correctly, drop things, have panic attacks etc etc - you need to explain to the tribunal exactly how difficult these tasks are, however embarrassing talking about your difficulties may be, you must tell all. Think of it like going to the dentist. I hate going to the dentist, however when I have toothache I realise that the only way to solve this is to put my worries aside and attend the dentist. I know it is going to be horrid for the hour or so I am at the dentist, and maybe a short time after too. The tribunal is like the dentist - not particularly pleasant, but something that has to be done, and in all senses of the word, the only way to get any benefit.

Try not to worry about the hearing - I know this is easy to say, but if you worry too much this will just cause unnecessary anxiety. Be yourself, be brutally honest. If you need to go shopping the previous day, or fancy a short walk, do these things - there is no need to rest up, and do nothing because you have a hearing the next day. This is a mistake - if you do all the normal things you would do, and come across as tired, or breathless or in pain etc as a result, then this will come across, if you are rested you will not appear tired or fatigued, or maybe anxious and this is unlikely to be representative of your true health. Similarly, people think they will take an extra painkiller or anti-anxiety pill- try to avoid this if at all possible, for the same reasons. If you take extra meds you are likely to come across as less in pain less anxious etc and again this paints the wrong picture. However, take all your normal meds, and if you really have to take extra where this is allowed, but then explain that you have needed the extra medicine and say why.

Take a brief moment to analyse each question. What is being asked, what information is required, do I understand the question, do I know the answer? This shouldn't take more than a second. If asked why are you hesitant, then say an adviser has told you to take a moment to consider each question so you can answer correctly. I have never had a tribunal raise this point and I can't imagine if you explain this way it would be a problem. Sometimes a tribunal might slip into jargon, so if you don't understand say so - they can rephrase. There may be times where you either don't know the question or have forgotten - say so. (There is huge temptation to think you need to answer every question - don't answer if you don't know - the 'wrong' answer will confuse and might lead the tribunal to an inappropriate and incorrect conclusion!)
The tribunal are trained to make decisions on less than 100% of all possible information - that is real life - it is very seldom that any form of court hearing will ever have the luxury of having all of the information - they have to decide on whatever is the best amount they can get.

At the hearing make sure you have the bundle available as often the tribunal refer to pages. It is also a good idea to read this before. You will need to refer to how your disabilities affected you at the time of the decision, but that said, if things are much the same, then you can talk about things as now. However, if you realise you have left something out, then it is important to say, but explain that you forgot to mention it earlier. (You might get quizzed on this, but you can explain the omission, and hopefully the tribunal will accept the explanation.)

I hope this helps.
LL26