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Thread: Lost my tribunal

  1. #1
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    Lost my tribunal

    So I had my tribunal this afternoon. I was contesting the engaging with people face to face, making unfamiliar journeys, washing and dressing descriptors. I was arguing those based on my hyper mobility which makes it impossible to wash and dress my upper body without help and my social anxiety which means I don't go out or interact with others without someone with me for support. I took my mother along to the tribunal with me and I had a representative from Money Matter.

    First surprise - someone was there from PIP. I wasn't expecting that but my rep said it's becoming more common for them to send someone along. I was ill before my tribunal. I've been having anxiety attacks and anxiety dreams for the past 2 weeks to the point I had to do to the doctor who gave me more medication. Last night my anxiety triggered my IBS and I spent the night in the bathroom (TMI sorry!). One of the things I was most worried about was in the report from my f2f it said that because I was able to speak during the interview this showed I didn't have anxiety. I was reassured on here that the tribunal would be different - it wasn't.

    The doctor asked me questions first. He asked about how my anxiety affected me. He kept asking about my ability to drive and basically said that if I can drive, then I'm obviously not overwhelmed with anxiety. He kept on about this even though I kept saying I don't drive when I'm anxious. I admitted that when I'm anxious or having anxiety attacks then it's not safe for me to drive so I don't. This was why I thought the unable to make unfamiliar journeys applied to me. He asked me how I cope when out with nana e.g. having to talk to a receptionist, talking to a doctor, having a coffee. I said I can manage that okay. I kept trying to explain that I don't get overwhelmed when someone is with me only if I'm alone. Even with someone with me I can cope if it's short interactions. Then he said pretty much the same as the DWP about my f2f - I was able to come along to the tribunal and speak to them inferring that this showed I wasn't overwhelmed with anxiety. Again I tried to explain that I had my mother with me but it didn't seem to matter. He said it's obviously not normal for a young woman to not be able to go out alone so why wasn't I banging down my doctors door asking for help. I said I struggle with asking for help and can't handle confrontation. I explained that I was on a waiting list for CBT but the waiting time is about 9 months. My rep said that it can be hard to get referred for mental health support and that it can take a lot of time. (I was only referred for CBT the first time 3 year ago because I attempted suicide).

    The disability lady didn't ask much. She asked why I couldn't dress/wash myself and I explained my shoulder subluxate when I move it so I can't get my arm behind my back to fasten a bra, wash my back, get a t-shirt on or wash/brush hair without help.

    In the waiting room afterwards my rep said she wasn't very happy about how it went. She said the doctor was questioning my and making arguments as if to back up the DWPs decision rather than being impartial. She also said as a GP he should know how hard it is to get help for mental health issues. She was surprised that they kept bringing my anxiety back to my ability to drive. The two shouldn't be mutually exclusive. I don't drive when I'm feeling anxious. Plus they were asking questions about what I can cope with with someone there to support me (which I've said I can do) rather than what I can/can't cope with when I'm alone.

    The decision came back and they upheld the DWPs original decision. I'm completely gutted and even my rep was surprised. She said based on my evidence that she thought I would have been given an award. I was so surprised they made such a big deal about driving. They were making the argument that I shouldn't be able to drive if I'm as anxious as I claim. I fully admitted that I don't drive when I'm anxious - I would cancel and appointment or get my mother to take me so I don't know how my ability drive would mean I'm not overwhelmingly anxious.

    My rep will be asking for a statement of reason tomorrow. She said it can take about 4 weeks or longer and we'll go from there. If there's an error of law I have the option of appealing to upper tribunal but she said if this applied all that would happen is the upper tribunal would put this decision aside and I would have to go through another tribunal. I don't think I have it in me. She said if I can't appeal to upper tribunal I can reapply for PIP but I think I'm just done. Which is really frustrating because I do think I should be getting at least daily care.

  2. #2
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    Did you lose any of your origin al award by going to Tribunal ?

  3. #3
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    I hadn't received enough points for an award pre-tribunal. I only had 4 points for care and 4 points for mobility.

  4. #4
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    Did they turn you down at the actual tribunal, to your face? I would feel so mortified if that happened at mine. I'd prefer a written decision .

  5. #5
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    Did u take evidence with you to
    The tribunal of your illnesses ? And which town did u have the tribunal

  6. #6
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    I am truly sorry to hear this,

    I'm too weak to write a lengthly reply at the moment, but I wanted you to know that my thoughts with you and you can get through this.

    Your representative seems to be taking a keen and considered approach which is a keen sign for moving forwards.

    Never, ever, ever give up. You are entitled to the help you need and don't let anyone else other than a medical professional involved in your care tell you otherwise.

    All the best,

    Zed

  7. #7
    Senior Member gus607's Avatar
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    Put in a fresh claim for PIP. A friend of mine lost her tribunal & a month later put a new claim in & was eventually awarded both components at enhanced level !
    You can only gain.

  8. #8
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    Thanks for all the replies.

    No they didn't give me the decision to my face. My rep went in to get it then she told me the decision which she was quite shocked at because she thought I gave enough evidence to get something.

    I didn't take any evidence with me. I had submitted it all when I applied for appeal and then my rep wrote a report for me to the tribunal.

    My rep said the same thing about re-applying. She's going to ask for a statement of reason and then decide from there what to do. To be honest I don't know if I'm up to it. Both the f2f and tribunal used the fact that I turned up and spoke as a way to dismiss my anxiety - not sure I could handle another f2f but I'm getting more angry that upset about it now so I might try again.

  9. #9
    Senior Member gus607's Avatar
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    Turn that anger in to determination !

  10. #10
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    I am sorry you had a stressfull time as far as i know when the tribunal was for dla there was someone there from dwp not every time but quite often so i would assume pip would be the same. Hypermobility syndrome is 1 of my problems though i have others that affect me much more than that does, the problem with it is yes things pop out my wrists, shoulder and sometimes my elbow does but if you have a shower you don't need to twist to wash your back i'm quite big busted but because this conditions and others geting worse i have a pull on bra top now, others with this condition do the same and this is what a doctor will tell the dwp if you have other conditions that affect your spine and joints then you need to tell them as that makes a difference have you been checked for EDS as well, my hypermobility along with other probs that affects my joints also affects my legs and ankles, does yours and did you put this in your original report did you put in a letter from the hospital confirming that you have it and how it affects you? Have you been checked for any types of arthritis? I was told in part that the osteoartritis i have in every joint now speed up or as been made worse in part to the hypermobility? I have meds for my IBS do you and did you tell them that?
    I don't suffer with anxiety or depression which most doctors find odd because of the number of conditions/disabilities i have so i can't comment on a personal level. I do know 2 people that have it 1 is very bad she had to stop driving 4years ago she was terrified she'd crash into someone and became to stressed when it was a busy road with too many people and traffic about when she went for her tribunal for esa several years ago she took her gp of 8years with her because she was too anxious to talk as they were all strangers her career said there was all shredded tissue where she was sitting and she was shaking and had to be helped out by her. She won her tribunal so maybe that's what they are looking for the worst case scenerio, the other person i know who went to the tribunal for pip with a career and only spoke half the time career the rest they were asking her about driving the career said she doesn't drive anymore she sold her car 3months ago she lost but reapplied for pip and in it put proof of selling car in the form she won standard on both i think then she does have a physical disability.
    So as someone on here as said you could reapply and like i've put get the other medical things checked with your gp or consultant goodluck with it

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