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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

I can’t cope with PIP Tribunal.

234 replies

Stressedafff · 20/02/2023 12:23

I applied for PIP on December 24th 2021. Was declined and did a mandatory reconsideration which also was declined. I appealed to the tribunal on 1st July last year, was told 25 week wait. I’m appearing via phone due to agoraphobia and mental health conditions and I am dreading it. I’m still waiting on a date for tribunal, I phoned to enquire and was told they’d put it through to the listing team but nothings come of it. The thought of going through this is making me more unwell. I’m waking up in the night with panic attacks, vomiting and my hair is starting to fall out. I feel like withdrawing this appeal because it’s making me poorly. I don’t know what to do.

OP posts:
TheObstinateHeadstrongGirl · 20/02/2023 16:45

The funny thing is @DaisyDays123 is all over other threads telling people to cope with issues by crying lots and lots. But apparently disabled people just have to ‘get over it’ if they’re being threatened with poverty🙄

Norriscolesbag · 20/02/2023 16:45

DaisyDays123 · 20/02/2023 12:25

Ah sorry just googled it, some sort of benefit payment? I guess you have 2 choices:

  1. get your anxiety under control (mindfulness, yoga, medicine etc)
  2. drop the claim

they both are tough, pick your tough.

Why on earth comment on something you know absolutely nothing about? Empty vessel.

Sorry to detract from your post OP, I wish you all the best and hope you get some sensible advice xx

Orangesandlemons77 · 20/02/2023 16:46

I did a paper appeal and won, reason being couldn't attend due to MH.

I got extra points for not being able to interact with others.

Orangesandlemons77 · 20/02/2023 16:47

I'm not sure if at this stage it is possible to swap to a paper one but could be an option if you have good paper evidence.

PerkingFaintly · 20/02/2023 16:48

I know people want to be helpful, but I don't think it's the MAJORITY of decisions that get overturned at appeal. I seem to remember it was around 40% last time I checked.

So very much worth doing, especially when you can pinpoint some of the errors in the original decision. But not guaranteed.

CCCCough · 20/02/2023 16:52

Persevere OP! Most claimants appealing at tribunal win PIP. So your odds are good. The mandatory reconsideration is just DWP rubber stamping and doubling down on the assessor’s report…even if it is a pack of lies

I think it’s 70% that win on appeal.
Pack of lies is right, my assessor made stuff up and commented on things that hadn’t even been discussed!

OP you are far braver than me. When my MR was declined I just shredded it. I don’t have the strength, or MH, to go to tribunal. Wishing you luck -I hope you get it.

Onnabugeisha · 20/02/2023 16:53

PerkingFaintly · 20/02/2023 16:48

I know people want to be helpful, but I don't think it's the MAJORITY of decisions that get overturned at appeal. I seem to remember it was around 40% last time I checked.

So very much worth doing, especially when you can pinpoint some of the errors in the original decision. But not guaranteed.

It is, was 68% for 2022 per Benefits and Work newsletter.

CCCCough · 20/02/2023 16:54

The success rate varies according to the benefit involved: For PIP the success rate was 68%, similar to the same quarter last year. DLA success rates are at 61%, down 6%.

@PerkingFaintly its a tad higher.

Ohthebanality · 20/02/2023 17:01

@DaisyDays123 Why give advice about something you know absolutely nothing about?

Stigsmother · 20/02/2023 17:05

I would just say that many disallowances are overturned at Appeal, the worst that could happen is that the DWP decision is upheld.
Easy for me to say I know, but you have come so far, and if you back out now all your suffering has been for nothing.
Please carry on if at all possible.

OldTinHat · 20/02/2023 17:07

I didn't go to a tribunal but had a phone assessment for PIP. I asked for my support worker to be present and she answered questions I was unsure of. It was awarded straight away.

Good luck OP. It is scary, the whole process is scary!

Porkandbeans1 · 20/02/2023 17:21

Unfortunately I think they make the application this way in the hopes that many will give up. Could you get some extra support? Maybe citizens advice might have someone? Please dont give up!

thepatronsaintofbubblewrap · 20/02/2023 17:29

DaisyDays123 · 20/02/2023 12:33

What’s the worst that can happen? They turn you down? You won’t be in any different situation if you drop the claim. So might as well carry on with it 🤷‍♀️ What is your anxiety about? Try and pinpoint what you are fearing? Maybe it’s fear of confrontation? Could be triggering something from your past.

Jesus, you can tell you've never had a mental health problem. It's not easily categorised like that! Why do you reply to a topic if you think it's that easy??!
I claim PIP, OP, and I can relate to your struggle.
My advice is to communicate your vulnerabilities as much as possible and to get an advocate.
Getting an advocate is easier said than done because advocates don't exist in the volumes that they did.
I approached a university law department that were training and they were so useful and compassionate.
Citizens advice bureau can be very useful even if it's just pin pointing.
I hope you get what you need xxxx
Ps. Tell the court every little detail and don't minimise it.

JaceLancs · 20/02/2023 17:34

I work for a charity who help people with appeals including PIP
Please DM me if you want to see if I can help including rough area of U.K. as Scotland slightly different - I also might know of help near to you

Boussa · 20/02/2023 18:09

Had to go through this with my dad. The build up was horrendous due to the anxiety if caused.

The experience itself was not bad at all, my only advice is to take as much supporting evidence as possible and really highlight the impact of your condition.

The tribunal went our way.

Try not to worry (easy for me to say now).

Can you take someone with you?

PerkingFaintly · 20/02/2023 18:23

Gosh, thank you for those up to date figures, CCCCough and Onnabugeisha.

Even more worth while hanging on in there of the appeal, if you possibly can.

(Though shocking that the DWP are getting things so dreadfully wrong first time round.)

Roselilly36 · 20/02/2023 18:31

I am so sorry OP, it’s such a brutal process, get some support, keeping everything crossed it goes in your favour, you might even find that DWP see sense and award you PIP before the tribunal. Wishing you all the best.

LakieLady · 20/02/2023 18:48

PerkingFaintly · 20/02/2023 16:48

I know people want to be helpful, but I don't think it's the MAJORITY of decisions that get overturned at appeal. I seem to remember it was around 40% last time I checked.

So very much worth doing, especially when you can pinpoint some of the errors in the original decision. But not guaranteed.

It's 68% for PIP, according to Benefits and Work. I work in welfare rights, and our team has a success rate very close to 100%.

I do a lot of appeals, OP, and have always found the people on the panel to be patient and understanding. As well as the judge, there will be a doctor and someone with experience of disability. It will really help if you can have someone with you to support you and maybe help to remind you of specific challenges you face.

Have a copy of the descriptors and points to refer to, they will help you to focus. You can get them here PIP descriptors.

Remember, you are entitled to this, and the assessment process is flawed. Have a look at the assessor's report, which will be in the bundle of papers they send you, and mark with a highlighter the bits that are wrong or inaccurate. You can refer to these, and explain how they are wrong.

Good luck.

LakieLady · 20/02/2023 18:54

Pack of lies is right, my assessor made stuff up and commented on things that hadn’t even been discussed!

I've got an appeal coming up where the client changes sex several times in the course of the assessment, according to the report! They are shockingly inaccurate. In another one, they said he was of normal build and not underweight: he was 5'10", and under 8 stone.

fooyangcake · 20/02/2023 20:38

DaisyDays123 · 20/02/2023 12:25

Ah sorry just googled it, some sort of benefit payment? I guess you have 2 choices:

  1. get your anxiety under control (mindfulness, yoga, medicine etc)
  2. drop the claim

they both are tough, pick your tough.

Fuck sake.

Babyroobs · 20/02/2023 20:47

A tribunal panel to be honest are probably less scary than a PIP assessor as they are more likely to be sympathetic and actually consider the evidence before them. And having a phone call rather than having to attend in person in front of a panel is the best scenario. try to have someone with you. Do you have a representative from an organisation helping you?

Ohthebanality · 20/02/2023 20:47

This reply has been deleted

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XenoBitch · 20/02/2023 20:49

The people I knew who went to tribunal were there about 30 seconds. A lot of the time, the decision is made before you get there.
I hope that is the case for you.
It is still absolutely worth going for.

XenoBitch · 20/02/2023 20:50

This reply has been deleted

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This too. Fucking vile comment she made.

WoofWoofBeachLife · 20/02/2023 20:57

Hello OP, please don't give up, that's what they want. Hopefully you will be permitted to have an online hearing. I was the same as you and asked for a paper hearing and they accepted it. I was a mess about the whole situation. My assessor was exactly the same, the report that was submitted was disgusting. My tribunal ended up with the judge saying that due to my conditions deteriorating so much from when my application was made they agreed with the dwp in that I had to start a new claim again. Luckily I am in Scotland and I've been able to apply for ADP and waiting on my decision. Wishing you all the luck in the world for this, keep going, I'm so sorry you are going through this.