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PIP Tribunal, what is the focus of their questions?

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1 year 3 months ago #282246 by Peter
I’m currently in my 34th week of waiting for a tribunal date, though I’m constantly assured I’m ‘top of the list’ whatever that really means.
While prepping for it I’ve been reading over other people’s experiences and results, which have been very helpful, but have a question I hope someone can answer.
During the Tribunal, are you questioned on your claim in general, or just on the specific points raised in your appeal?

In my case I was awarded standard living and no mobility, whereas I feel I should have been awarded enhanced living (I was short just 1 point) and standard mobility, so my appeal focus was on the descriptor where I feel they underscored me, and the travel descriptors.

So should I expect a focus on that, as my written appeal focused on those areas, or will it be a set of general questions that will also include my specific points?

If anyone who has been through this process could shed some light on their experiences that would be much appreciated.

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1 year 3 months ago #282272 by Gordon
P

Whilst a Tribunal can investigate any aspect of your claim they should concentrate on the issues that you have raised but they may do so by asking what may appear at first to be obtuse questions.

I wouldn't try and pre-empt the questioning just be prepared with your arguments as to why you meet the Descriptors you believe you should have scored for.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 3 months ago #282314 by LL26
Hi Peter,
If your tribunal is face to face here is some more general advice that you can adapt as appropriate.
Be yourself. That is be your normal disabled self. Try not to take any extra meds eg pain relief or anxiety meds unless you absolutely need to. These will mask your disability and give a false impression.
Don't rest up the day before Do whatever you usually do, or would want to.So go out, do the shopping visit a friend etc. If this means you are tired at the hearing then so be it. This will confirm that you have fatigue etc and can't repeat activities.
Wear something comfortable, no need to dress up.
Be consistent. I appreciate that you may not remember everything you said on the form, but read this through if you can. If you said you don't wash for weeks, or you don't change your clothes or do your hair then turn up to the tribunal like that. This is you, be you!
Similarly if you have said you use a crutch, or you can't walk more than 30 yards, then arrive at the tribunal with the crutch and walk with it. Get a lift right outside the tribunal building.
The tribunal will ask how you got there, and it will raise doubt and confusion if you say you walked from the car park, which the tribunal will know is 200 yards away! However, if you do have to park away, be absolutely clear how difficult it was, stops etc.
Likewise remember that the tribunal members may arrive at the same time as you, and could see you get out if the car, walk, talk etc ( this applies to all hearings to some degree,) if you are bring normal then there will be no issues, but doubts and questions will arise if you are not consistent with your claim / review form.
Take a few moments to process the question. Do you understand? Do you know the answer? Say you don't know, or have forgotten, rather than guess, as again your guess may just confuse things. If you need time out to use the toilet, get some water, get a leg stretch, or just to take air say so. Have someone with you. Make sure they monitor you, and ask for a break if they feel you need one.Your friend/relative can give evidence in your behalf. Make sure that if they feel you have haven't explained something correctly or have omitted something then they should clarify. Being brutally honest is important. Most people with disabilities kind of soldier on, and kind of get by. But the reality is often different. It takes a long time you only half do the task, because that is perhaps all you can do. So explain this. Don't say you can manage, that won't persuade the tribunal, and is probably not true! Tell it how it is. Warts and all!
I hope this helps.
Good luck.
Tell us how you get on.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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