Pip tribunal hearing/advice **WON**

[reallymadwoman]

This is the advice I provided on your other thread, for reference :-

 

If you haven't already done so you need to go through the report and basically tear it to pieces. Concentrate on picking up any factual errors. After that you need to sit down with the descriptors and, bearing in mind the 'repeatedly and reliably' criteria, make an as objective assessment as you can of where you should have scored points.

 

The assessment guide is here https://www.gov.uk/government/public...ment-providers which provides lots of useful info about how the assessment could have been conducted. I can't see how it could have been done properly in 10 minutes, so you can also mention all the things the assessor didn't do.

 

Once you've done all that, try to make it into some sort of logical statement and send it to the tribunal as soon as you can. Make a bullet point list of things you want to be sure to mention to the tribunal at the hearing.

 

You must attend the hearing, but try to take some one with you for moral support. If they also know something about your day-to-day difficulties, that would be a bonus. DWP are notorious for not taking account of carer's/relatives evidence, but tribunals do, especially where they haven't much to go in from the assessment report.

 

 

An entirely factual statement from your wife in her own words would be extremely helpful. Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical. She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts e.g. the assessor asked (your name) if he does his own shopping. (Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence. He does do his own shopping, but he always does it online so he doesn't have to go out'. As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need. You could both try keeping a diary for a few days.

[reallymadwoman]

Whilst I agree you need to focus on where you should have scored points as the last thing you need is for a tribunal to order a new assessment, in addition you must point out that the assessment wasn't long enough to properly consider the effects of one illness never mind two. I'd be surprised if it was possible to get all the admin stuff done in that time, such as confirming diagnoses, treatment and medication. I would also recommend going through the assessment guide and pointing out at least two or three things that the assessor definitely didn't do which they should have done.

[reallymadwoman]

Can evidence like my wife giving an account of what she witnessed at the assessment be sent by email to the Tribunal for them to give to the panel who will be dealing with my appeal?

 

And does it have to be writing as being a statement or just a normal email sent message. There is a fair bit that I need to disclose by next Tuesday for the panel to consider, is sending it by email a means of correct discloser?, any help on this and as a matter of urgency would be appreciated.

 

I replied on your other thread when you asked before:-

 

An entirely factual statement from your wife in her own words would be extremely helpful. Try not to help her remember exactly what happened, it doesn't matter if your accounts differ in irrelevant details but it would be noticed if they were identical. She should try to avoid expressing any opinion about what should or should not have been done, just keep to the facts e.g. the assessor asked (your name) if he does his own shopping. (Your name) replied 'Yes, but ...' and the assessor interrupted and prevented him from completing his sentence. He does do his own shopping, but he always does it online so he doesn't have to go out'. As well as providing a statement about the actual assessment, she can provide a statement about how she helps you or what aids you need. You could both try keeping a diary for a few days.

 

 

A signed statement would be best, but I'm afraid I can't help regarding whether email service is acceptable. Check their website and any paperwork you've been sent, if email isn't mentioned specifically, then it's safest to assume you have to use the post. Get proof of posting.

[reallymadwoman]

Whether or not you can fight this depends solely on the dates on any official communications from the tribunal service, not on what you sent to them even if they should have noticed that you'd got the date wrong.

 

What date is shown on the notice of the hearing? Have you had any correspondence after this notice, and if so what hearing date is shown on that?

[reallymadwoman]

Did you receive any correspondence at all about the hearing? If so, what date was on it?

[reallymadwoman]

There is no requirement for the Tribunal to notify you in writing of the date of the hearing, they merely need to give reasonable notice.

 

If you are adamant that the only notice you received was by telephone and that you were given the wrong date, then you will need to apply for permission to appeal, there is no 'set aside' procedure.

[reallymadwoman]

The only advice I've been able to find is to contact CAB for help.

 

It is usually recommended that you get professional help to challenge a tribunal decision.