Anonymous 01/03/17
Last reply 11 months ago
PIP Tribunal

Dear Sirs

Reference Number: xxxxx/xx/xxxxx
National Insurance Number: xx xx xx xx x

Hi Yesterday the 28/2/17 I attended a tribunal to dispute my PIP award in particular the mobility element and I would like to lodge an official complaint.

I have never felt so intimidated in all my life, I left there shaking. Before proceedings began the chair warned me that the rules have changed as far as I am aware the new legislation is not live yet.
They hadn’t even looked at my extra evidence I handed in on the day to go with the supporting evidence I had already supplied. Told me they wouldn’t be looking at the mobility part I was disputing but my claim as a whole and if I did proceed my award could stay the same could be lowered could be upped or I could lose the lot and advised to take legal advice if needed. Adjourned to consider my options with my rep and decided to withdraw.
I felt threatened and intimidated. They did say as my award is up till 2018 I can then put forward my case when I’m reassessed.
How was I to even think about going forward with the appeal when I’m faced the threat of losing it all he even advised me to seek legal advice. Who’s going to take that on with the threat of losing everything? My rep and I spent weeks preparing and never got to even present my case.
I really don’t know where I go from here. How can that be fair when I can’t even put my case across without having been told first that I risk losing all my entitlement? The report from the dwp categorically states that the care component was not disputed only the mobility part of my PIP claim. But this judge wanted to look at the whole claim from before I made my MR. Three times he reiterated that I could lose my entitlement, offered I potentially seek legal advice and suggested I take 5 minutes with my rep to think things through. It was like they had already made their mind up before I had even began, was left with no choice but to not proceed.
The two other people in attendance the doctor and the nurse never spoke once, this judge was in complete control and was intent on making me feel bullied and intimidated and I already felt that they had made the decision already.

Where do I go from here?

NOTE : Personal Information removed to protect user confidentiality – Admin

 

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daniel2025
11 months ago

There is a upper tribunal but you can only proceed there if the normal tribunal has heard your case and you can prove a mistake has been made. I had a different experience I got a decision I agreed with from tribunal yeah they asked some tough questions but obviously they needed the facts of the case to make the decision they also looked at my evidence. I was having a bad day with mobility that day which obviously helped them make there mind up. Unfortunately when you goto tribunal its the chance you take they could either make a higher award agree with DWP and everything remains the same or come to the conclusion the dwp decision maker made a mistake and award no money only you can decide if the risk is worth taking as you can imagine I got nice people on my case but that’s going to be varied as no two people are alike. They did explain at the start of my case they have certain criteria to follow and the criteria is different to the old DLA criteria. So they can be the nicest people in the world but if you don’t meat the criteria what can they do so only you can decide if you want to proceed you have to remember with Ms there is no one size fits all everyone has a different experience.


daniel2025
11 months ago

Also this is a public forum so might be a good idea to remove the national insurance number from your post


stumbler
11 months ago

Thanks for the heads-up on this one, @daniel2025 . The original poster has since removed themselves from the forum, but I’ve edited it accordingly. 😉


jdd0310
11 months ago

Wow, that sounded awful, it also seemed to show they had no understanding/interest in your condition. As a complete contrast, I was refused the higher level of disability so I lost my car and then had to go through the process of buying it. I got CAB involved, didn’t put a great deal more information forward, it went to the tribunal which I wasn’t able to attend because we are visiting family in New Zealand. I heard the other day that I have now been awarded the higher level and they wouldn’t be bothering me again because they understood that my condition wasn’t going to improve. I feel great for me, but where is the consistency? You did everything you could and got kicked back, I did nothing and got approval. Good luck going forward.


cameron
11 months ago

Would it help to get your MP involved?

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