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Pip tribunal beginning of Feb
- Nicola
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2 years 6 days ago #276162 by Nicola
Pip tribunal beginning of Feb was created by Nicola
Hi, I don’t know if this will be seen in time because I’ve just looked through and last posts were 3 weeks ago.
Anyway, i first applied in 2018- turned down. Asked for an MR over the phone- denied. I was so fed up I gave up. Struggled for another year and half then got a diagnosis of fibromyalgia and I thought I needed to have had the diagnosis for 3 months before applying again so in April/may 2020 I reapplied and was given standard daily living but no mobility which I couldn’t understand so I did an MR and again it was denied by the time the MR decision came I was in a terrible flare and didn’t have the energy to go any further. But the standard daily living was awarded until Dec 2023. By the summer of 21 though I’d gotten worse and even though I’d now managed to get a little car ( nothing fancy,12 years old) I was finding it difficult to get around. So August 21 I applied for change of circumstances as I’d always believed I met the criteria for mobility since 2018. So I had the telephone assessment in February 22 and due to my previous report having lies on it , I’d asked for that to be recorded by them as I thought it would stop them from lying. It didn’t, they still lied but awarded me enhanced mobility yet kept the daily living as standard. The problem now was that my ability to do normal everyday things like brush my teeth, have a shower, get dressed etc had gone downhill and I was spending days at a time bed bound unable to care for myself properly. So I did an MR- it got refused! Even though when I applied for the change of circumstances I’d used all the notes and training given by B&W even paying extra to be able to know more. And even though I said how I couldn’t do activities to an acceptable standard, often enough, repeatedly etc which was law for majority of days they still ignored me and said that they decided I could! So I asked for a tribunal. My date was October 22 but on the day the doctor was a short notice one who was on the telephone and the judge decided straight at the start that there wouldn’t be enough time because she believed my case would need more than 2 hours so she adjourned it. And today I’ve had the letter with a new date of 3 weeks time 7/2/23!
I suppose I’m asking if it’s normal for it to take that long? It seems like s long time and I might not be able to concentrate that long as if anyone who has fibro knows the fatigue part of it is the worse. Well it is for me.
If anyone can give me some input I’d be so very grateful. Ps, I’m not sure if I have adhd or something as I tend to sweep things under the carpet until the last minute. I find it hard addressing stuff and take action. I tend to get so overwhelmed that I bury my head in the sand and do nothing until the last minute then I panic!!
Help please!
Anyway, i first applied in 2018- turned down. Asked for an MR over the phone- denied. I was so fed up I gave up. Struggled for another year and half then got a diagnosis of fibromyalgia and I thought I needed to have had the diagnosis for 3 months before applying again so in April/may 2020 I reapplied and was given standard daily living but no mobility which I couldn’t understand so I did an MR and again it was denied by the time the MR decision came I was in a terrible flare and didn’t have the energy to go any further. But the standard daily living was awarded until Dec 2023. By the summer of 21 though I’d gotten worse and even though I’d now managed to get a little car ( nothing fancy,12 years old) I was finding it difficult to get around. So August 21 I applied for change of circumstances as I’d always believed I met the criteria for mobility since 2018. So I had the telephone assessment in February 22 and due to my previous report having lies on it , I’d asked for that to be recorded by them as I thought it would stop them from lying. It didn’t, they still lied but awarded me enhanced mobility yet kept the daily living as standard. The problem now was that my ability to do normal everyday things like brush my teeth, have a shower, get dressed etc had gone downhill and I was spending days at a time bed bound unable to care for myself properly. So I did an MR- it got refused! Even though when I applied for the change of circumstances I’d used all the notes and training given by B&W even paying extra to be able to know more. And even though I said how I couldn’t do activities to an acceptable standard, often enough, repeatedly etc which was law for majority of days they still ignored me and said that they decided I could! So I asked for a tribunal. My date was October 22 but on the day the doctor was a short notice one who was on the telephone and the judge decided straight at the start that there wouldn’t be enough time because she believed my case would need more than 2 hours so she adjourned it. And today I’ve had the letter with a new date of 3 weeks time 7/2/23!
I suppose I’m asking if it’s normal for it to take that long? It seems like s long time and I might not be able to concentrate that long as if anyone who has fibro knows the fatigue part of it is the worse. Well it is for me.
If anyone can give me some input I’d be so very grateful. Ps, I’m not sure if I have adhd or something as I tend to sweep things under the carpet until the last minute. I find it hard addressing stuff and take action. I tend to get so overwhelmed that I bury my head in the sand and do nothing until the last minute then I panic!!
Help please!
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2 years 6 days ago #276171 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip tribunal beginning of Feb
Hi Nicola
I'm sorry you find yourself in this position.
The length of tribunals can vary considerably. It is horrible for you, but if the judge believes two hours isn't sufficient time to discuss your case, they had no choice but to postpone. The judge should explain at the start of the Tribunal that if you need to take a break during the proceedings, you should say so. Don't be afraid to do this. Make sure for the Tribunal that you have a bullet point list of things that you particularly want the panel to know. This you can refer to if you suffer from brain fog and you're getting tired. Have a look at our Guide to PIP Appeals, and there is information about what to expect. If you have someone who can be with you, it's best not to do these things alone.
I hope it goes well for you.
benefitsandwork.co.uk/guides-for-claimants/pip
BIS
I'm sorry you find yourself in this position.
The length of tribunals can vary considerably. It is horrible for you, but if the judge believes two hours isn't sufficient time to discuss your case, they had no choice but to postpone. The judge should explain at the start of the Tribunal that if you need to take a break during the proceedings, you should say so. Don't be afraid to do this. Make sure for the Tribunal that you have a bullet point list of things that you particularly want the panel to know. This you can refer to if you suffer from brain fog and you're getting tired. Have a look at our Guide to PIP Appeals, and there is information about what to expect. If you have someone who can be with you, it's best not to do these things alone.
I hope it goes well for you.
benefitsandwork.co.uk/guides-for-claimants/pip
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 6 days ago #276175 by Nicola
Replied by Nicola on topic Pip tribunal beginning of Feb
Thank you for replying. Yeah I’m hoping to have someone from welfare rights with me but I don’t know if I’ve left it too late! Typical me! At the first tribunal I went there thinking I’ll be fine I’ll just tell the truth but when I went into the room ( they’d left me waiting) the judge had a really hard face, a bit Ann off The Chase ( it’s on in the background and her sternness reminded me of her!) and when I was told the doctor had called in sick so they had a stand in on the phone I was really nervous and shaking like s leaf! 2 hours just seemed too long and it’s almost like you’re guilty until proven innocent!
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