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PIP Tribunal

(78 Posts)
Whiff Thu 27-Jul-23 06:47:40

Finally had my appointment for my PIP tribunal. And feel scared to death. I took on board all Cabbie's sage active. She is brilliant at things like this and her telling of witnessing a tribunal really helped me at the time.

The solicitor who the Brain Charity got me has done all she can paperwork wise and can't come with me. But will be speaking to her the day before.

I have asked at the Brain Charity if the lady who has been helping me can come with me or someone from the Brain Charity. Will have to wait and see if anyone can.

Have asked a friend if she can go with me incase no one from the Brain Charity as she has experience of tribunals. I don't want to ask my daughter as she's at work the day of the tribunal.

So just have to wait and see if anyone can go with me.

Also had a video appointment for the universal credit health assessment. I phoned and asked if I can have a face to face appointment. And they said yes and will send me an appointment.

After my PIP assessment via phone I don't trust phone or video appointments for anything as important as this.

When I applied for universal credit I had my appointment at the job centre. My caseworker was lovely and after seeing my mobility problems and talking to me said phone appointments from now on as she didn't want me struggling to come in again.

Why is it the universal credit staff treat you like a human being and with kindness . When the PIP people don't see you in person and you are only a name and dismiss you as if you don't exist.

I was born disabled so have struggled all my life. Had pains in my legs since childhood and fallen a lot plus all my other problems. Also put down to growing pains and clumsy child.

Only got my diagnosis last year and it's rare condition. My neurologist hasn't any other patients with it. Only way I am learning about why my body has done and is doing the things it does in talking on Facebook with others with it . Plus found out in 2020 I was also born with a hole in my heart . I am 65.

What annoys me is PIP forms are yes or no answers then you write on the next page if you tick yes and explain how you have to do things . But I don't believe they read it. The phone assessment was a farce I knew she hadn't listened to me and getting a copy of her report showed that as every paragraph multiple errors. Took me 2 days to mark up every mistake and write an email to my solicitor pointing out the mistakes.

What gets me they gave me zero on everything. Would they give zero to a blind person or someone in a wheelchair just because they can go out. Of course not that is discrimination. I am in constant pain with my legs and left arm . And pain every few days in my right . I use a walking stick and have done since I was 29. To go out as a family because I had a baby and 4 year old went out in a wheelchair . My late husband was brilliant. He said we alter our way of life to suit you. I had limb jerks from 1988 until 3 years ago and only because my neurologist put me on Clonazepam after 32 years and 4 months of seizures within 2 weeks my limbs where still. Still in constant pain and have host of other problems.

I went to a tribunal in the 90's with my husband it was DLA in those days. I felt like a criminal. Six people only one talked it was awful. But thanks to Cabbie know it's only 3 people this time but still terrified.

PIP had my completed forms 12th April last year took months before they turned me down same with MRN. I was lead to believe they should have contacted my GP, neurologist and cardiologist before the MRN but they didn't I checked .

So now just wait and see what happens on the 29th August.

Bridie22 Thu 27-Jul-23 07:32:34

Will have everything crossed for you whiff, I hope it goes your way this time, you deserve the help!

Cabbie21 Thu 27-Jul-23 08:29:27

Glad you have now got a date for your Tribunal. Try not to worry, Whiff. I know it will be an anxious time for you, but have faith in the Tribunal system. If the one I witnessed is anything to go by, you will be treated with respect and openness.
I hope you can get your supportive worker from the brain charity, but if not, do at least have someone with you.
Keep us posted.
The problem with DWP assessments is that they are outsourced to contractors, conducted by people who are poorly trained, and almost certainly working to save the DWP money by not granting benefits to those who should be entitled.
It is possible that the DWP might make you an offer to accept an award before the Tribunal. If it is anything less than what you should be entitled to, which, by the sound of it, but don’t take my word for it, might be Enhanced Daily Living and Enhanced Mobility, you don’t have to accept it. You have every right to go to Tribunal. I am sure by now you have done your homework and understand how the points are awarded. At Tribunal, there is no point in referring to the errors in the assessment. Instead, concentrate on answering their questions about how you manage the various activities, giving examples of where you have not managed, and what help you need.
All the best.

Whiff Thu 27-Jul-23 08:47:18

Bridie thank you.

Cabbie I will follow your wise advise and not mention the errors in the assessment... But answer there questions to the full. If they offer enhanced for both I will take but nothing less as that's what I want. But doubt they will offer anything before the tribunal.

My mobility and strength has gotten worse since I applied but wouldn't put in a new application as it's take me this long to get here. Plus if I am awarded what I want it will be back dated until last year if I read that correctly.

I will let you know how I get on .

biglouis Thu 27-Jul-23 08:58:33

Ive helped with the renewal forms for a relative of mine and now they have a telephone interview next week. They are bricking it in case they get knocked back. I told them 70% are allowed on appeal. Unfortunately there is a long waiting time for appeals.

Whiff Thu 27-Jul-23 09:27:51

biglouis did your relative request a MRN or just start with a new claim. If it's for MRN don't hold your breath. The lazy so and so who wrote the MRN decision rejecting my claim copied the PIP decision just put the sentences in a different order as if I was to stupid to notice.

Hence my going to tribunal and that's only because the Brain Charity after talking to me and explaining what my condition does to me and fighting for 35 years for disability benefits they got me a solicitor to fight my case and get me the tribunal.

I hope your relative does win but 70% isn't the figure I have seen . It was 56% win at tribunal. Don't know the figures for MRN or new claims.

Bea65 Thu 27-Jul-23 09:42:12

I had an awful DLA appt re ill health leading up to major surgery following which left me with lasting bowel problems- I too was treated like a fraud- took my hospital discharge papers etc etc .. the interviewer kept stating I’d had my surgery year before!! I had a friend/police officer with me for moral support-she tried to interject on my behalf re the dates… I ended up displaying my surgery scars which were still quite pink - this horrible female didn’t apologise for her rudeness but did get the DLA … couldn’t go thru another interview like this..really impacted my mental health . all the best Whiff🍀

Lomo123 Thu 27-Jul-23 09:44:08

Very best of luck to you. Terrible you have to go through this.

Wyllow3 Thu 27-Jul-23 09:46:59

Whiff - at last the appointment!

Of course you are so nervous.

and a big yes to get someone from the charity to come with you flowers

Aldom Thu 27-Jul-23 10:04:05

My very best wishes for the tribunal Whiff. You have had a raw deal to date. Hope you are successful this time. Keeping you in my thoughts.

Germanshepherdsmum Thu 27-Jul-23 10:08:21

Good luck Whiff. 🤞

Elless Thu 27-Jul-23 11:41:14

Good luck Whiff. I know exactly how you feel. I almost had a breakdown worrying about mine and in the end my husband had to go for me. They misconstrue everything you write down, it's disgusting that you have to fight for something you are entitled to. I've always said if I could bottle my pain and give it to them for one day they would see what it is like. Have a look at the website Benefits and Work, I found it very helpful. Try to answer simply with a yes or no when you can and don't elaborate unless asked. 💐🍀

Cabbie21 Thu 27-Jul-23 12:56:35

I can’t agree with the last poster’s advice to answer just yes or no. Examples of your difficulties are important.
But yes, Benefits and Work has excellent guides for PIP including for appeals at Tribunal.
There is a huge difference between the assessment and MR on the one hand, and Tribunals on the other, where the success rates are much higher.

Theexwife Thu 27-Jul-23 13:07:38

If you are not successful in your PIP claim there are a lot of remote jobs advertised at the moment that may suit you.

Your posts are well written and as you are able to correct your solicitor's mistakes you must have good attention to detail. Most of the remote jobs are from 16 hours a week, and application is via an online test, so no interview or cv is required.

Indeed or gov websites are good for remote employment.

Saying that, I hope your PIP interview goes well.

MayBee70 Thu 27-Jul-23 13:07:47

Please put a reminder up the day before so that we can remember to think of you on the day and channel lots of good karma in your direction so you know we’re with you in spirit x

Whiff Fri 28-Jul-23 08:12:29

Cabbie I will answering their questions fully. I remember your advice from a while ago.

Thexwife I unable to work and have been since 1988 due to my disability. When the live jerks started and uncontrollable pain in my limbs . Only reason I can claim UC is my savings have gotten that low I now qualify for help. My husband died in 2004 and his private pensions paid out lump sums but he was only 47 when he died I was 45. I inherited half my mom's estate in 2017 my husband's money is long gone and living on what mom left me but it is getting very low. I don't get my state pension until April. I have always been careful with money as I wasn't brought up by parents who had well paid jobs. But they still brought there own house ,car and we had a week in a caravan every year growing up.

I was born with Hereditary Hyperekplexia gene mutation SLC6A5 type 3 plus a hole in my heart. Found out about the hole in 2020 and have PAF but medication keeps it under control. Only had my HPX diagnosis April last year after having my whole genome genetically tested. As it's in my DNA. And it's rare. My neurologist has never had a patient with it or his colleagues. So with the help of the few world wide who have one of the gene mutations which cause HPX learning why my body has done and does what it does. I am passing on everything I learn to my neurologist. But having my diagnosis my life makes sense I am not weird but HPX.

I am not asking for special treatment but what I have been entitled for 35
years the excuse was always no diagnosis even though I spent years in a wheelchair when we went out as a family as my walking is so bad . Have fallen all my life and been in pain since a child. List of things I can not longer do is getting longer each year. But thanks to my neurologist putting me on Clonazepam I no longer have the limb jerks and seizures. Still have all the other many problems and still fall over . Been using a stick since I was 29.

silverlining48 Fri 28-Jul-23 09:37:48

Wishing you well Whiff. Take time thinking through questions before answering, keep calm and if possible take someone with you. Good luck.

Allsorts Wed 02-Aug-23 20:34:50

Whiff, after such a long wait it’s finally almost here. You have all the backing of the medical profession and you will be successful. Fingers and everything crossed.

Treetops05 Tue 08-Aug-23 11:40:56

Good luck Whiff, I've been through 3 tribunals over the years and granted each time. I won't lie, it is scary, but if you tell the truth the panels are very good. I was granted a 10 year award with a suggestion I not be checked again, we shall see.

Mine even suggested that my 'accessor' be fired - he was an ex paramedic with ideas of greatness - tweed suit and a fob watch with Albert chain! The DWP staff member apologised too.

Sadly, I go through it each time as they've never heard of my condition, Oesophageal Spasm, with daily attacks and reliant on options.

You seem to have had wonderful advice and back up, and I hope someone can go with you as the mental support really helps xx Deep breaths, and know you'll be OK. Also, after you win, you may receive a letter stating that the DWP are considering an appeal - don't panic, they never do. Take care Whiff x

Treetops05 Tue 08-Aug-23 11:42:23

Sorry - spell check opioids- morphine etc

Whiff Tue 08-Aug-23 20:48:53

Treetops. Thank you . My assessment was via phone I knew at the time she wasn't listening to me her reported proved it. I am on UC and was given an appointment for the health assessment via video call but phoned and asked for a face to face assessment which they are happy to do. People at the UC treat you like a person not a name. After my interview at the job centre my caseworker said she wouldn't make me come in again phone appointments only. She couldn't believe PIP refused me .

I am always honest as my memory isn't that sharp at times and can forget what I am saying it's all part of HPX which like your condition no one knows anything about it. I am my neurologists only patient with it and I am under one of the top neurological hospitals in the country. Part of HPX our Oesophagus can go into spasm. Which is scary. Babies can get sleep apnea but I don't know much about what happened to me as a child. Only I had constant pain in my legs and fell a lot. My parents took me to the Drs and children's hospital a lot. Told it was growing pains and I was clumsy.

Have you found a support group with your condition ? How I found my HPX Facebook group was I emailed the rare disease webpage. And they gave me the link to The Hyperekplexia Society Facebook page. I have learnt such a lot about why my body has and does what it does. It's such a relief to know I am not weird but have a rare hereditary neurological condition.

I know how horrible it is not to be believed I have been trying for disability benefits since 1988 when I got worse. And couldn't control my limbs and the pain went through the roof.

Thank you so much for your wise words and kindness.

I am going to the Brain Charity on Friday they want to interview for their on line magazine about what it's like having a late diagnosis. And hopefully do people with Hereditary Hyperekplexia proud.

You take care to. 🌹

icanhandthemback Tue 08-Aug-23 20:54:56

The Tribunal Panel we saw with my daughter were lovely to her. She was terrified of them and I went with her. They were stroppy with me when my daughter wanted me to talk on her behalf but they were really kind to her. We will ask if we can record any further assessments in future; they really don't listen.

welbeck Tue 08-Aug-23 23:01:58

a friend of mine recently had a PIP assessment by phone.
her support worker filled in the application forms.
she has PTSD and has been seeing MH people for years.
her condition affects her life, makes everything more difficult, but she does work.
she doesn't understand a lot of things as she had only basic education and is from a totally different country.
they were asking her how many metres can she walk, how far is room from kitchen, can she get on a bus.
her problems are mental, cognitive and psychological, not mobility.
she found the whole thing baffling.

Wyllow3 Tue 08-Aug-23 23:16:13

Hi Welbeck.

The assessment isn two parts.

One is on everyday life. Can a person wash, dress, feed themselves, interact with other people without assistance? (and a number of other similar factors. Mental/physical Health ie not being able to socialise with other alone, or too depressed to cook meals, or get dressed without encouragement, other aspects of self care, is taken into consideration in theory but is harder to assess.

Second is on mobility. Which again, could be physical or mental. Ie, you could in theory walk for 2 miles, but cannot leave the house out of fear. Can you physically step on a bus, or are you afraid of using public transport because of high levels anxiety or agoraphobia.

Each of these elements are graded ie points given. The interview then attempts to clarify (if one has a benign view of process) or catch one out (realistic view of process).

If she can work then a number of things will be queried. ie she can clearly relate to other people without assistance? She will eat without any help? she can get dressed by herself? How does she get to work? This is how points are collected. Its very, very basic indeed.

Seems to me she should have been given the assistance of translation for the interview?

I have found that they value GP or better, Psychiatrist views as to back up on verifying MH factors.

www.pdffiller.com/jsfiller-desk17/?mode=force_choice&requestHash=bb9fec9112218ba5701c8dea3f9cb54ee9c31684027843477a4ebc1598f247b3&projectId=1330134987&loader=tips&MEDIUM_PDFJS=true&PAGE_REARRANGE_V2_MVP=true&isPageRearrangeV2MVP=true&jsf-page-rearrange-v2=true&jsf-new-header=false#93c5afd83b474c20b9d39e72e3f5b360

goto page 7 to see the questions and their rating system.

welbeck Wed 09-Aug-23 02:17:24

thanks.
she had interpreter, but wanted her support worker to join the interview too, as she finds it v hard to explain herself, and having to speak about her past sets off the traumatic reaction again.
it was her support worker who initiated applying. to try to get more money and points towards housing.
the support worker is from council housing team.
anyway i will look at the links, thanks.
from what she said how it went, we both expect her to be turned down.