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PIP Tribunal and comments on form
- championless
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1 year 11 months ago #276801 by championless
PIP Tribunal and comments on form was created by championless
Hi all
This is my first post on here but just wanted to see if anyone can advise please?
I’m waiting to hear a date from the tribunal service but on my original application, I used some wording in my answer to question 13 that my advisor thinks is problematic and I wanted to get everyone’s opinion on.
I said: “I am able and HAVE to drive; I can do so
on familiar journeys on my own most days (although I’m safe when someone is with me, but I don’t get that support at the moment), but it takes a lot of mental energy to get out the door in the first place.I have to push through the physical pain and avoidance in my head of not wanting to go out (due to anxiety and depression), because if I don’t, our son wouldn’t be able to go to nursery, or I’d miss a health appointment.
Pretty much every time I go out and drive, I get quite stressed. My mental state isn’t the best and my ADHD can mean I have a short fuse when people do dangerous things on the roads, such as cut me up, or put me in danger; I get irrationally angry and upset about events that happen whilst I’m out. I also make poor choices due to impulsivity and put myself at risk because of this. When my husband is with me, he will try and help to make sure that this doesn’t happen. I don’t think about the consequences in that moment and that makes it more likely for me to get into an accident.”
My advisor has said that because I’ve said I’m more likely to get into an accident, that if the Tribunal panel were to pick up on this, they can order DVLA to take my license from me. He said that I should withdraw my appeal if I don’t want this to happen.
Obviously I don’t. I’m a parent carer also to our 5yo son with severe autism. I need to be able to drive. I’ve never had an accident, I just meant that the impulsivity comes into play in the moment but I have significant physical problems too.
What do you guys think on this?
This is my first post on here but just wanted to see if anyone can advise please?
I’m waiting to hear a date from the tribunal service but on my original application, I used some wording in my answer to question 13 that my advisor thinks is problematic and I wanted to get everyone’s opinion on.
I said: “I am able and HAVE to drive; I can do so
on familiar journeys on my own most days (although I’m safe when someone is with me, but I don’t get that support at the moment), but it takes a lot of mental energy to get out the door in the first place.I have to push through the physical pain and avoidance in my head of not wanting to go out (due to anxiety and depression), because if I don’t, our son wouldn’t be able to go to nursery, or I’d miss a health appointment.
Pretty much every time I go out and drive, I get quite stressed. My mental state isn’t the best and my ADHD can mean I have a short fuse when people do dangerous things on the roads, such as cut me up, or put me in danger; I get irrationally angry and upset about events that happen whilst I’m out. I also make poor choices due to impulsivity and put myself at risk because of this. When my husband is with me, he will try and help to make sure that this doesn’t happen. I don’t think about the consequences in that moment and that makes it more likely for me to get into an accident.”
My advisor has said that because I’ve said I’m more likely to get into an accident, that if the Tribunal panel were to pick up on this, they can order DVLA to take my license from me. He said that I should withdraw my appeal if I don’t want this to happen.
Obviously I don’t. I’m a parent carer also to our 5yo son with severe autism. I need to be able to drive. I’ve never had an accident, I just meant that the impulsivity comes into play in the moment but I have significant physical problems too.
What do you guys think on this?
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1 year 11 months ago #276813 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Tribunal and comments on form
Hi championless
I'm sorry that you find yourself in this position.
I can't tell you what you should do here. Only you can decide what to do.
There have certainly been occasions when a Tribunal panel have contacted the DVLA and suggested that because of a person's medical state, they should not be driving, but this is rare.
I'm sure your statement will raise some questions, but will they try to remove your licence? I cannot say. You will certainly have the opportunity at the tribunal to clarify and explain your answer more fully, and depending on what you say, they may or may not take it further. They will consider both your mental and your physical state.
Now, this doubt has been raised in your mind; only you can decide whether you want to take the risk and continue with the Appeal.
BIS
I'm sorry that you find yourself in this position.
I can't tell you what you should do here. Only you can decide what to do.
There have certainly been occasions when a Tribunal panel have contacted the DVLA and suggested that because of a person's medical state, they should not be driving, but this is rare.
I'm sure your statement will raise some questions, but will they try to remove your licence? I cannot say. You will certainly have the opportunity at the tribunal to clarify and explain your answer more fully, and depending on what you say, they may or may not take it further. They will consider both your mental and your physical state.
Now, this doubt has been raised in your mind; only you can decide whether you want to take the risk and continue with the Appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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