outcome of tribunal hearing for PIP

[Kala83]

hi all, just thought I’d update those that have been following my posts. I had my outcome from my pip tribunal hearing and unfortunately the appeal was refused still. Obviously I am gutted, but it’s been such a long, stressful journey that I’m glad it’s all over too. I’m not sure I would try to claim it again, I think it’s not worth all the stress. And they are the experts, so maybe I shouldn’t be entitled to it, who knows. As much as I didn’t get the outcome I felt I should have, I do feel a sense of relief. It’s over and done with now. I’ll just carry on plodding along. Thanks for all the support and kind words people have given me the last few weeks. Xxx

[CM1EDSUK]

I'm so sorry the outcome wasn't as you'd hoped. You can ask for the Statement of Reasons & Record of Proceedings within the month, which will give you an idea as to why you got this decision. If you get some help to look through these, if an error in law is found you can appeal to the Upper Tribunal. Should you consider this then try to get some advice here: advicelocal.uk/ choose 'welfare benefits' from the drop down menu to see if there's a Welfare Rights Office or Citizens Advice near you.

[Kala83 in reply to CM1EDSUK]

Thank you so much Xx

[rosewine]

So sorry you didn't get the outcome you had hoped for. I know what you mea about the relief. My husband said after his ESA tribunal "never again" even though his outcome was successful. Perhaps when you have recovered from the stress of it all have another go at a later date. At least the next time you will know what to expect. Take care.x

[Kala83 in reply to rosewine]

Thank you for your understanding, I’m glad your husband got the outcome he deserved. It is very stressful, I repeat what your husband said, never again !!! Xxx

[Cat00]

I had to go to tribunal the first time and even though that was successful I said never again. Then when they took it away when they converted to PIP I just couldn't face it. They make you feel like such a fraud which with invisible illness I think is especially complex for us to cope with.

[Diverinsea2]

Gosh, I'm so glad I'm not the only one. So sorry your appeal wasn't successful. I'm waiting on my hearing and I too feel like a fraud, if I was entitled wouldn't they have given it straight away. Even though I can't work or do most things I used to. It's a shame it makes people who need the help feel this way. The stress is unreal, I to just want it to be over. X x

[Kala83 in reply to Diverinsea2]

Oh bless you, it’s still worth going through with it, apparently there is a high success rate of getting the decision over turned. I was just feeling so overwhelmed I couldn’t even bring myself to prepare for it, and I also slept most of the day until they called, I was having a real bad week with pain and fatigue. I couldn’t think straight let alone trying to answer all there questions as accurately as possible, they really push for how many days a week etc which is an answer I can’t give properly, cos I’m so up and down. Good luck, you’ve come this far it’s worth just going through with it Xxx

[queenie60 in reply to Diverinsea2]

Agree 100% I have not been to tribunal but bee to 2 assessment face to face and they made me feel like a fraud and didn't give me time to process questions so now I just go with what they say

[Eliza33]

Oh no I was hoping it went well for you and got what deserved, sorry here this outcome. Yes so stressful/ maybe have a break & re apply at some point later when you feel ready.

[Kala83 in reply to Eliza33]

Thank you Xx

[onebigvoice]

I realise that this is a stressful situation to be in, where even trying to get a diagnosis from your own GP is sometimes as distressful as the Tribunal its self? That said what ever you do you must ask for a statement of reason from the courts and ask what information was used to assess you for benefits and in your letter stating that you were not Successful you should have had a statement of reason?

You have to realise that both are frugal with the truth, so if you don't ask for the statement of reason they won't send it.

You also have to realise that if your letter says you were not successful it is an opinion since the report written about you will be unsupported. Capita state that the report is not for the claimant and is for the decision Maker and if you want a copy then you have to ask them for a copy.

The reason they do this is that they can say its their opinion and the decision maker makes the final decision not them. BUT because the report is written about you in order to be used by the decision maker it has to be fully justified, and on the day of the assessment must have all the accreditation up to date in order to examine you.

I have yet to see any report showing this, including the ones that say they had it right the first time, as most are given undervalued assessment rights and give mid or low range payments when in fact should have had Enhanced or High rates for both.

[Kala83 in reply to onebigvoice]

Hi thank you for your advice, how do I get the statement of reason, do I have to phone DWP or tribunal? Thank you xx

[onebigvoice in reply to Kala83]

Well according to the charter it should come from PIP's as that is where the decision maker is from. The court charter states that all evidence has to go through them, as this would include any information supplied by pip's to explain the reason for the rebuttal This form is called an L203(C) form, and you are not told about this since a simple letter to the courts from PIP's would say we have refused access on the HCP report and scored accordingly.

THIS IS NOT HOW ITS SUPPOSED TO WORK, If the court have sent you a letter then apply firstly to the court for it as they were supposed to give a statement of reason from the judge, who is unbiased? One line answers explain nothing, by the way as 1. it does not ay which HCP, what was the reason for the assessment, since in order to have an opinion used it must be fully justified. Just ask both: What medical details did you use to assess me ( both the decision make, and get him to send the assessment report from the assessment company to you as well) then ask the court please give me a copy of the medical assessment reports used by PIP's to assess me, and the statement of reason that is fully justified that you used to refuse access to benefits in line with the medical data sent to you by me on headed paper?

They will ask you to get a Mandatory Reconsideration, but as you have not had a copy of the report only a statement, TO THE COURT: respectfully: I cannot have a MR because I have not had a statement of reason or a copy from the court stating the reason of refusal?

[Sarahvit]

I’m so sorry for the outcome of the hearing. Have you gone through a disability lawyer? Here in the states I was turned down but once I got a lawyer who specializes in disability cases was able to get me on disability. That was back in 97 which rent back to 95. She was able to get statements and records from my work along with my medical records and my and my husbands input on how my health has effected me and won the case. I’m sorry my memory doesn’t let me remember things like it should. I don’t remember your trails you went through coming up to your healing. You may have gone through a lawyer. Just keep a record off how fibromyalgia and other conditions that go along with it effects you on a day to day basis and get your medical records. Over the years will show PIP what you are having to deal with. Oh any anything that pops up at work of how your heath is effecting your job performance. I wish you the best. ❤️

[Kala83]

Thank you for your kind words Xx