tribunal hering set

Hi Spring 68,

Your best bet is to learn from the guides on this website. They tell you how to prepare to give you the best chance of success.

Good luck, Chris.

Hi Spring 68,
I guess your daughter's disability is an important factor in determining exactly what will happen.
If she is of sufficient understanding she may well be able to answer questions herself. Children and/or those who have disability would be a 'vulnerable witness'. (All children, and all disabled people are likely to fall within this definition.) The tribunal have a duty to consider how a VW gives evidence, and how this is best facilitated - this might mean allowing several breaks, asking simple questions, or may be asking a few initial questions then no more etc etc. This is an active duty throughout the whole hearing. It is entirely possible that attending, and answering questions at the the tribunal will be too much for your daughter- if this is the case or becomes so during the hearing then it is possible to continue the case without her presence.
However, if you daughter is capable then it is likely that the tribunal will expect your daughter to answer. Tribunals prefer to hear from the claimant if possible, and don't like interruptions, but clearly if all daughter says is incorrect then it is perhaps important to inform the tribunal to avoid confusion.
If you feel that your daughter needs a break, or can't continue etc then you should say so, or get the representative to ask for a break. Don't be afraid to do this, as this is important. Hopefully your representative will make full notes, but if not you should do this. Also, have a spare paper to write down anything said you disagree with or to make a note of something forgotten or something that needs clarifying. Your representative may not realise an error or omission, and you can then either prompt him to ask relevant quextions/refer back to something etc, or of course you can make the relevant comments yourself.
I'm not totally sure if the hearing is face to face but the general format tends to be much the same.
Depending on the room - large table with tribunal panel one side and you, daughter and rep on the other.
Introductions from panel and general explanation about the process.
If DWP attend (a 'presenting officer') they might be asked to outline the case. - often DWP don't attend so don't worry if they do or don't! - then if your daughter is able she may be asked about her illness and the problems she has. There is usually reference to the descriptors.
Once your daughter has given evidence then you can also give evidence. Please correct any confusion or incorrect statements made by your daughter. I appreciate this might cause conflict - but if the tribunal don't know the true nature of disability they may not award PIP. Your daughter/yourself should be given the opportunity to add anything at the end before the tribunal make their decision.
Your daughter needs to tell the tribunal exactly about her disability, however embarrassing or difficult. Saying 'yes I manage to wash its ok...' is unlikely to achieve points, but explaining that eg 'I have to get Mum to help me into the bath, I hate this, but I can't lift my legs over the bath...I am always falling over- usually this is about twice a week, but occasionally more times. I am unsteady and due to the lack of grip in my arms, I can't hold anything...' - this is much better!
Remember to explain the effects of pain, fatigue, breathlessness, why medications do or don't work - why your daughter is on a low dose or can't access treatment etc.
You can explain the help you give your daughter.
Also remember to explain safety concerns, falls/stumbles/accidents/injuries or other potential risks. Acceptable standard - this will also comprise pain. Repetition across the whole day. Time taken.

Be as natural as possible.
I advise a claimant to do everything as normal the day before and try not to take extra meds unless absolutely necessary. If your daughter has done a normal routine, then she will naturally appear as tired/confused etc - extra meds will mask true pain/anxiety etc
When questioned you or daughter
Take a moment to process the question
Do I understand?
Do I know the answer?

If you know the answer then you can respond.
If you don't understand say so.
If you don't know the answer say so. It is seriously tempting to answer a question because you think you must! However giving incorrect information or guessing is likely to confuse and this can mean no award!
If you have forgotten say so.
If you need a break say so.
Wear comfortable clothes- however if your daughter often doesn't wash or get dressed properly don't insist that she does. I would recommend no make up. Thus can also mask pain and eg pallid complexion.
Lastly if eg your daughter has mobility issues, drop her off right outside the building or if she uses a wheelchair/crutches etc these should certainly be used.
From outside the building and clearly in the corridor or hearing room you may be seen by the tribunal panel who may be moving around the building. If they have read papers showing wheelchair use, or just a few metres ability to walk, questions will certainly be asked if your daughter arrives with no chair and having walked 400 yards from the carpark. Behaviour etc in the court house needs to be consistent with the forms etc otherwise doubts will be raised. Hence be natural be the real you is the best advice.
It is possible the decision is made whilst you wait, however often the decision is posted out.
I hope this helps.
Good luck.
Let us know how you get on.
LL26