Tribunal date for my Pip appeal - Fibromyalgia Acti...

Fibromyalgia Action UK

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Tribunal date for my Pip appeal

Kala83 profile image
27 Replies

Arghhh help!!! Advice needed, I’m in a panic.

This is the second time I’ve applied for Pip and this time I’ve appealed it and it’s going to a tribunal. At the time I thought I’d done all the hard work, form filling, sending evidence etc and I was hearing stories of appeals being dealt with before they got to tribunal. I’ve now had a date for the hearing which will be done via a phone call, and I’m scared to death. I’m so sick of it all, but really feel I should be entitled to it. I want to fight it but as you all know it’s so hard with our health issues. I don’t know what to do, I haven’t even read the DWP paper work that they sent in response to the appeal, I just find it all so over whelming. I’m really struggling with fatigue at the moment but have started a 3 month course of folic acid and also had a b12 injection this week. So this should help a little but I’m so scared for the phone call for the hearing I don’t think I can do it. Has anybody had one by phone recently and can you tell me how it went? I’m already so anxious talking on the phone to these professionals I don’t know if I’m going to cope or not. Sorry for rambling on. Xxx

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Kala83
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Hazel_Angelstar profile image
Hazel_AngelstarAdministratorFMA UK Staff

You can contact our benefits team on 0300 999 0055 (Mon, Wed, Fri 10.00-12.00) or email benefits.advice@fmauk.org and they can send you guidelines on appealing

Kala83 profile image
Kala83 in reply to Hazel_Angelstar

Hi Hazel, thank you. I have already appealed it but do you mean they could give me advice about what happens at the actual appeal hearing? Sorry if my msg wasn’t quite clear.

Hazel_Angelstar profile image
Hazel_AngelstarAdministratorFMA UK Staff in reply to Kala83

I think the guidelines cover what happens at the appeal, but they should be able to give you some idea what it will be like

Kala83 profile image
Kala83 in reply to Hazel_Angelstar

Thank you xx

CM1EDSUK profile image
CM1EDSUK

You can have somebody there with you for support, just put your phone on loudspeaker. You don't have to read through everything that's in your bundle, but do check all the paperwork you've previously sent in is there.

Try not to be scared, the tribunal are totally separate from the DWP, & will just consist of a judge, a Dr, & someone with an understanding about disabilities.

Just take your time in answering, & ask them to repeat any question you're unsure about.

The only preparation I would try to make is to write down a couple of examples of the difficulty you faced with each applicable activity/descriptor at the time of your assessment, i.e. when did it happen, where, why, what happened, did anyone see this, & were there any consequences to attempting/doing an activity such as fatigue/exhaustion, or increased pain?

Say if you can't do an activity 'reliably,' i.e. safely, to an acceptable standard, repeat as often as one would reasonably expect, or if it takes you much longer than someone without a disability.

Yes, sometimes the DWP will ring to make an offer, but this will either be for a lower award, or a shorter length of time than they feel you would get at a tribunal. However, the choice is yours if this happens, as you could accept, getting payment put into place, then without doing a Mandatory Reconsideration you can still appeal the award/length, or both.

Depending on when your tribunal is to take place you may be able to get advice, or possibly representation (tho you will still have to speak). Look here to try & find some local advice, choosing 'Welfare benefits' from the drop down menu: advicelocal.uk/

You can do this!

Kala83 profile image
Kala83 in reply to CM1EDSUK

Hi, thank you so much for you’re reply. You’ve given me some great advice, thank you. I didn’t realise that’s how it worked with a possibleOffer. My hearing is only just less than 2 weeks away, do you think they could still make an offer or not enough time now. It makes me feel better

Knowing they’re will only be a few people there. I’m just so rubbish at being put on the spot and trying to explain everything but that’s great advice about making the notes, thank you so much. I will try and get some advice from the welfare benefit people if possible.i only got the letter through the post today xx

CM1EDSUK profile image
CM1EDSUK in reply to Kala83

The DWP still have time to make an offer; they have been known to make them fairly last minute.

If you are able to get in touch with a local Welfare Rights Office especially that would be good. However, don't worry, all the tribunal will want to do is find out about the difficulties you face. They know assessors often do a poor report, & will not be interested in that, so just tell them with as much detail as possible (as above), how your disability affects you the majority of the time.

You should find out about your tribunal within a few days. Kindly let us know how you get on.

Kala83 profile image
Kala83 in reply to CM1EDSUK

Thank you so much, and yes of course I will. Thanks for all of your help, I’ll be in touch soon Xx

bertie1606 profile image
bertie1606 in reply to Kala83

Hello, I have experience of the dwp changing their decision after I registered my appeal. They wrote to me a month after I appealed saying they have looked at my appeal paperwork and gave me both enhanced daily living and mobility and for a year longer than they previously awarded me before I appealed. So it's not always for a shorter time or lower award if they contact you before the date of the appeal x

Kala83 profile image
Kala83 in reply to bertie1606

Thank you, the DWP have responded to my appeal and still agree with their decision. So I now have an appeal hearing, only got the letter yesterday and it’s for the 22nd of this month, so a lot sooner than I thought. But it will be a relief to have it over and done with either way. Thank you for the advice X

Mshapp profile image
Mshapp in reply to Kala83

The dwp stuck by their original decision on my partners mr, they mentioned him on the phone, all lies as I took the call.

onebigvoice profile image
onebigvoice in reply to CM1EDSUK

Hi Kala, and CM1EDSUK, I know some times we don't always agree, but that is how this site works so well, its because the answers are open for others to comment and the advice here is good. If you have time, and in your own time read their bundle sent to you and a piece of paper make comments on what you think is wrong with their answers? i.e. was able to stand at a cooker and cook a simple meal for one, IF REQUIRED. (Its ambiguous) since I used to do it but am bed bound, or arthritis in my hand will not allow me to lift saucepans and have dropped them. On reading the question most would answer well I used to do it so Will answer they could still do it, even though its not safe to do so. Have had claimants told they can do this when because of a stomach defect ( no digestive system) the assessor still said he could do it if he wanted? He has never been taught to cook as their was no need, and he cannot stand because of other problems.

Take your time and recheck that you have sent in every thing in and support paper work like medical history or sick notes and prescription lists are on headed paper or have already been excepted as fact, a you can call on your medical history to reference points you wish to raise when you ask them or the presenting officer questions.

Just be your self, as they are not expecting you to be a lawyer and will help you.

Kala83 profile image
Kala83 in reply to onebigvoice

Hi, thank you, I’ll take on all that advice - and yes I will try to relax about it abit ( if possible) and of course try to get through this big hurdle of paperwork. It’s just so exhausting and stressful but at least the end is in sight whichever way it goes. Thank you Xx

Mshapp profile image
Mshapp

As previously stated , they are independent from the DWP. My partner had his appeal yesterday, they were lovely. Really put him at ease, asking if he needed breaks. I was also allowed to add what i thought was important- and believe me, I did. It is so unfair the DWP treat everyone like liars, I doubt they care about the extra stress they place on people. My partner had been to cab previous to the appeal, they gave him fantastic advise and wrote his letters for him. I really would recommend. Good luck.

Kala83 profile image
Kala83 in reply to Mshapp

Hi, thank you very much, that makes me feel abit less stressed knowing they are lovely. Nothing like the assessments. I agree the extra stress this causes is just so unfair and doesn’t help with everything else ie pain etc. thank you for your advice and I hope your partner get the outcome they deserve x

onebigvoice profile image
onebigvoice

Sorry as a p.s. don't except anything over the phone since if they wanted to make you an offer they would have also sent you a hard copy for you to see. especially being professional and understanding that you may have a mental issue and do not remember what is being said at the time. (brain Fog) if they do offer mention this at the Tribunal and ask if the tribunal has received a hard copy? before the Tribunal.

Kala83 profile image
Kala83 in reply to onebigvoice

Thank you Xx

Elisim profile image
Elisim

Hi, I am a disability qualified panel member for SSCS Appeal tribunal. My advice is to be very clear about how your conditions affect your ability to cook, manage therapy, wash, dress etc at the time of the decision. You can speak about things being the same now or getting worse, but focus on your answers for the time of the decision. As long as you have medical evidence especially consultation letters from the hospital appointments which match your GP records,you will assist the tribunal to make a fair decision. The panel is very familiar with the affects of fibromyalgia and rehearsed 'text book' answers so just do you. A Presenting Officer from DWP may attend. Good luck!

Kala83 profile image
Kala83 in reply to Elisim

Hi, thank you for your advice, I appreciate it. Xx

Cybergirl profile image
Cybergirl

Relax......You'll do fine.

Eliza33 profile image
Eliza33

Hi, yes I was in same situation other week/ it was all okey & I won the Appeal. You will get asked some questions by a Dr & independent person & a judge. Did you get any points I. First instance? I already had some, so just needed extra. Good luck 🤞🏽

Kala83 profile image
Kala83 in reply to Eliza33

Hi, thank you for your reply. From the advice I’ve heard on here, the tribunal hearing is not as brutal as the actual assessment. I’m glad you got the outcome you deserved. I was awarded 6 points for the daily living part, But hey they’re the experts so will have to wait and see, how long after the hearing did you have to wait for the outcome? Thank you, If I still don’t get it this time then I am never applying again, it’s too stressful on top of everything else we have to go through Xx

Eliza33 profile image
Eliza33

Hi- it was good - the Dr was very supportive of me as have other health issues as well as fibromyalgia. I needed another 3 points for standard rate. It took 4 days after hearing to get brown envelope in post; dreaded opening it but was good outcome, 🤞🏽 good luck 🤞🏽

Kala83 profile image
Kala83 in reply to Eliza33

I’m so pleased for you, and thanks for the info. I shall try not to stress to much and just answer as honestly and accurately as I can. I shall let you all know how I get on Xx

Ailis profile image
Ailis

Be yourself write-down things you want to let them know answer questions about your worst day make notes or a diary about your every day life, my daughter has the condition some days she can't get out of bed. People like you need the help it isn't a disability they recognise but it's real and hard to fake.

Kala83 profile image
Kala83 in reply to Ailis

That’s exactly like me, the struggles we face everyday nobody sees. Our whole life has changed so much since having a car accident, and me developing this condition. and the future we as a family had, has all been taken away. So having this financial help is very much needed, since losing a wage. It’s a shame We have to go through so much to try and get it. I hopeYour daughter manages the best she can, it’s an awful thing to live with, and not many people understand. Thanks for your reply, I’ll let you know how I get on Xx

Kala83 profile image
Kala83

Hi all, just wanted to let you know I had my tribunal hearing today. I found it really stressful and one of the panel were quite harsh I felt. The judge and the doctor seemed nice and fair tho. My call lasted 1hr and 15mins and I came off quite flustered and exhausted. I don’t feel it went well and although I was trying to answer as honestly as possible they kept trying to push for answers I was unable to give. I guess I will find out soon, they said I should hear within the next 14 days. Either way I never want to have to go through that again, it’s just too much.

Ps I know everyone has a different experience and it may be okay for some people to deal with it but just for me it wasn’t Xx

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