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Being an apointee at tribunal.
- Astee
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1 year 10 months ago #277625 by Astee
Being an apointee at tribunal. was created by Astee
Hi everyone, looking for some advice please.
I appealed my sons pip and got a phone call from the dwp changing the descision to stop the appeal going to tribunal. I was advised by people on here that I could accept that award and still appeal it- even though they told be I couldn't- Which I did. June 2021 Original award 0 points dailivy living 0 points mobility, October 2021 MR the same,
December 2021 changed to 14 points daily living and 10 points mobility.
So I am now appealing the mobility as I feel he qualifies for an extra 2 points which would give him enhanced mobility.
Appealed to tribunal Jan 2022
Got a date through for tribunal via phone call, February 2023 had the call at it was adjourned as the they wanted to see his ehcp-which had been sent previously to DWP but seems to have disappeared) so I agreed to send it. They then also asked that he be present at the next hearing. I had already been told he didn't need to be present as I am his appointee and so in speak on his behalf, and have this in writing.
My question is, can they insist he be present even though I am legally his appointee?
Will they let the hearing go ahead if he's not there? Any advice would be greatly appreciated, as I am really not sure what to do here? Tia
I appealed my sons pip and got a phone call from the dwp changing the descision to stop the appeal going to tribunal. I was advised by people on here that I could accept that award and still appeal it- even though they told be I couldn't- Which I did. June 2021 Original award 0 points dailivy living 0 points mobility, October 2021 MR the same,
December 2021 changed to 14 points daily living and 10 points mobility.
So I am now appealing the mobility as I feel he qualifies for an extra 2 points which would give him enhanced mobility.
Appealed to tribunal Jan 2022
Got a date through for tribunal via phone call, February 2023 had the call at it was adjourned as the they wanted to see his ehcp-which had been sent previously to DWP but seems to have disappeared) so I agreed to send it. They then also asked that he be present at the next hearing. I had already been told he didn't need to be present as I am his appointee and so in speak on his behalf, and have this in writing.
My question is, can they insist he be present even though I am legally his appointee?
Will they let the hearing go ahead if he's not there? Any advice would be greatly appreciated, as I am really not sure what to do here? Tia
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- Gary
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1 year 10 months ago #277638 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Being an apointee at tribunal.
Hi Astee
The Tribunal is different from the DWP, as you are disputing the mobility component they may want to see first hand how his mobility affects him. When looking at the enhanced component the Tribunal will delve deeper into his condition and how it affects him. Seeing a claimant first hand and how they react can go a long way.
I was at a hearing last year, my client turned up with his partner, he had a melt down at the reception, the Judge went to see him in a side room and it was decided that he did not have to attend, needless to say he was awarded PIP
Gary
The Tribunal is different from the DWP, as you are disputing the mobility component they may want to see first hand how his mobility affects him. When looking at the enhanced component the Tribunal will delve deeper into his condition and how it affects him. Seeing a claimant first hand and how they react can go a long way.
I was at a hearing last year, my client turned up with his partner, he had a melt down at the reception, the Judge went to see him in a side room and it was decided that he did not have to attend, needless to say he was awarded PIP
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Astee
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1 year 10 months ago #277690 by Astee
Replied by Astee on topic Being an apointee at tribunal.
Hi thanks for your response. But the tribunal is a telephone call. They won't see him at all. He'll either just not speak, or claim he can do something he can't, because he won't properly understand the questions. If you asked him could he fly a plane, he'd tell you yes, because in his mind he doesn't see why not-obviously having no frame of reference or knowledge about what is actually involved in doing so. His brain just says , yeah , I could do that. Based on what he thinks he'd have to do, rather than what he'd actually need to do. If that makes sense. He was shocked he couldn't ice skate after being able to do it on a video game and figuring that meant he knew how to do it. There examples like this in his claim form. I'm also concerned how it will look if I contradict anything he does say, if his answer is inaccurate. (He's autistic by the way.) It feels like they're saying, we know he doesn't really have an understanding about all this and has a problem with communicating,but can we speak to him anyway? After being told in no uncertain terms a person with an appointee doesn't have to attend, they've asked him to attend. So does he have to attend or not? Getting very conflicting responses from a lot of different places. And really not sure how to handle the situation at all.
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- BIS
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1 year 10 months ago #277709 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Being an apointee at tribunal.
Hi Astee
I don't know how much time you have before the new Tribunal date. You do have time to write to contact the Tribunal Services and ask them to contact the Tribunal Judge and ask him whether your son has to be on the call. In my experience, it's only the judge who can confirm that. If there is no time for this to happen, I would have your son available in another room.
As his appointee, you can speak first and tell the judge you are exceedingly worried that if he speaks to them, the answers he is likely to give will be nonsensical as he does not have the ability to understand what is being asked and will answer that they want to hear. When a family member of mine said this on behalf of her adult autistic son at a PIP Tribunal (after she had failed to get permission for him not to attend - because there wasn't enough time), the Judge said there was no need for the panel to speak to him even though he was sitting outside.
I don't expect the judge will want to speak to your son, but I would have him around just in case.
BIS
I don't know how much time you have before the new Tribunal date. You do have time to write to contact the Tribunal Services and ask them to contact the Tribunal Judge and ask him whether your son has to be on the call. In my experience, it's only the judge who can confirm that. If there is no time for this to happen, I would have your son available in another room.
As his appointee, you can speak first and tell the judge you are exceedingly worried that if he speaks to them, the answers he is likely to give will be nonsensical as he does not have the ability to understand what is being asked and will answer that they want to hear. When a family member of mine said this on behalf of her adult autistic son at a PIP Tribunal (after she had failed to get permission for him not to attend - because there wasn't enough time), the Judge said there was no need for the panel to speak to him even though he was sitting outside.
I don't expect the judge will want to speak to your son, but I would have him around just in case.
BIS
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