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PIP Telephone Tribunal Hearing - 17/06/2023
- BIS
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1 year 4 months ago #281141 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Telephone Tribunal Hearing - 17/06/2023
Hi JackieO
Thank you for updating us on the experience at the Tribunal. I'm sorry to hear that the Disability Representative didn't seem to show more understanding. I hope that your husband gets the outcome he's seeking.
BIS
Thank you for updating us on the experience at the Tribunal. I'm sorry to hear that the Disability Representative didn't seem to show more understanding. I hope that your husband gets the outcome he's seeking.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 4 months ago #281156 by denby
Replied by denby on topic PIP Telephone Tribunal Hearing - 17/06/2023
Dear JackieO, just sending sympathy and hoping your poor husband is recovering. It shouldn't be such a two-edged sword that he is lucky to have a wife with such skills, yet seems to be penalised for it.
At our daughter's face to face tribunal before covid, the "disability" woman kept on and on AND on about how daughter could cook a piece of fish in the microwave. The chair did not really pull her up. As I understand it using a microwave does not count as cooking a meal anyway. What's more the strange panel member never mentioned ability, or in this case inability, to peel a potato due to grip issues to accompany the mythical fish. Or how you would get rid of the smell!!!
Denby
At our daughter's face to face tribunal before covid, the "disability" woman kept on and on AND on about how daughter could cook a piece of fish in the microwave. The chair did not really pull her up. As I understand it using a microwave does not count as cooking a meal anyway. What's more the strange panel member never mentioned ability, or in this case inability, to peel a potato due to grip issues to accompany the mythical fish. Or how you would get rid of the smell!!!
Denby
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1 year 4 months ago #281177 by Mollie
Replied by Mollie on topic PIP Telephone Tribunal Hearing - 17/06/2023
We had a similar lack of understanding from the "Disability Expert" at my Husband's tribunal several years ago. The person ran past us at a fair speed on the way to the tribunal from the car park. When we returned to the car afterward we discovered he was parked in the disabled bay next to ours.
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- JackieO
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1 year 4 months ago #281339 by JackieO
Replied by JackieO on topic PIP Telephone Tribunal Hearing - 17/06/2023
Thank you all so much for your support, which I have found invaluable in this awful process.
I am so sad and disappointed to read about other peoples similar experiences; and am actually shocked that people are put through, what I see is akin to a 'trial', which breaks my heart as a mental health professional and public servant for all of my working life.
There is some good news though, that my husband received his Decision Notice, which stated that his appeal has been 'Allowed'.
He is entitled to the daily living component at the standard rate backdated to June of last year and scored 10 points (2 points for each) for: Preparing food, washing and bathing, managing toilet needs, dressing and undressing and engaging with other people face to face. He also scored 10 points for: planning and following journeys, which gives him a standard rate award for the mobility component.
The award is given until June 2027, which is a total of 5 years including the backdated year.
Whilst I am extremely grateful for the award and acknowlegment of my husband's difficulties, there remain so many areas that I feel have not been given points for. However, I realised that I could look at the DWP training protocols for the HP's and I am once again astounded at how seemingly contradictory and narrow the descriptors are.
I am also surprised on the Tribunal letter to see that the First Tier Agency representative (The disability specialist) attended the hearing on behalf of the Respondent (DWP), as at the beginning of the hearing, he was introduced as being totally independent of the DWP.
I understand that as the Tribunal allowed the award, that my husband will have to reapply at the end of the 5 years, rather than have a review, which perhaps is not such a bad thing, as I will be far more prepared for the process then.
So now we wait for the DWP's response and acknowledgment of the Tribunal outcome. Does anyone have an idea how long this might be please?
I thank you all again and wish you all a smooth journey on this road.
Warm wishes,
JackieO
I am so sad and disappointed to read about other peoples similar experiences; and am actually shocked that people are put through, what I see is akin to a 'trial', which breaks my heart as a mental health professional and public servant for all of my working life.
There is some good news though, that my husband received his Decision Notice, which stated that his appeal has been 'Allowed'.
He is entitled to the daily living component at the standard rate backdated to June of last year and scored 10 points (2 points for each) for: Preparing food, washing and bathing, managing toilet needs, dressing and undressing and engaging with other people face to face. He also scored 10 points for: planning and following journeys, which gives him a standard rate award for the mobility component.
The award is given until June 2027, which is a total of 5 years including the backdated year.
Whilst I am extremely grateful for the award and acknowlegment of my husband's difficulties, there remain so many areas that I feel have not been given points for. However, I realised that I could look at the DWP training protocols for the HP's and I am once again astounded at how seemingly contradictory and narrow the descriptors are.
I am also surprised on the Tribunal letter to see that the First Tier Agency representative (The disability specialist) attended the hearing on behalf of the Respondent (DWP), as at the beginning of the hearing, he was introduced as being totally independent of the DWP.
I understand that as the Tribunal allowed the award, that my husband will have to reapply at the end of the 5 years, rather than have a review, which perhaps is not such a bad thing, as I will be far more prepared for the process then.
So now we wait for the DWP's response and acknowledgment of the Tribunal outcome. Does anyone have an idea how long this might be please?
I thank you all again and wish you all a smooth journey on this road.
Warm wishes,
JackieO
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- BIS
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1 year 4 months ago #281352 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Telephone Tribunal Hearing - 17/06/2023
Hi JackieO
Congratulations on your husband's Tribunal win. I know you haven't got the score you hoped for, but I'm glad he's still receiving a backdated award. It can take up to four weeks for it to come through.
Thank you for taking the time to tell us of your experience. Yes, the descriptors are narrow.
When you find yourself applying again, never assume that the person reading it will have any knowledge or understanding of your husband's condition/s. Nor will they understand how that impacts the specific PIP criteria. As you've found, even with your longstanding professional experience and knowledge, it's a minefield to navigate. At least you both have a break for now.
You might not want to do this, but you may keep a diary for your husband, where you just record bad days so when you apply again, you don't have to think of good examples; you have them at your fingertips and can easily show how his difficulties are long-standing.
BIS
Congratulations on your husband's Tribunal win. I know you haven't got the score you hoped for, but I'm glad he's still receiving a backdated award. It can take up to four weeks for it to come through.
Thank you for taking the time to tell us of your experience. Yes, the descriptors are narrow.
When you find yourself applying again, never assume that the person reading it will have any knowledge or understanding of your husband's condition/s. Nor will they understand how that impacts the specific PIP criteria. As you've found, even with your longstanding professional experience and knowledge, it's a minefield to navigate. At least you both have a break for now.
You might not want to do this, but you may keep a diary for your husband, where you just record bad days so when you apply again, you don't have to think of good examples; you have them at your fingertips and can easily show how his difficulties are long-standing.
BIS
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1 year 4 months ago #281359 by JackieO
Replied by JackieO on topic PIP Telephone Tribunal Hearing - 17/06/2023
Hi BIS,
Thank you so much for your good wishes and invaluable advice once again.
As you say, we can now have a break from an incredibly challenging experience.
I wish only equally successful results for people in similar positions.
Take care and warm wishes,
JackieO
Thank you so much for your good wishes and invaluable advice once again.
As you say, we can now have a break from an incredibly challenging experience.
I wish only equally successful results for people in similar positions.
Take care and warm wishes,
JackieO
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