Hi. Wondering if anyone has had a similar experience at PIP tribunal hearing... mine was on 23 December, I don’t know the outcome yet. I had to have a massive operation a few years ago in which I had half my internal organs removed. Seriously. Then a host of other problems arising as a direct result. I now have CFS, complex hormonal issues and severe anxiety/PTSD. In my original assessment, DWP gave me 6 points for daily living and 4 for mobility, and this remained the same at Mandatory Reconsideration. I appealed against this as I feel I should have scored more points and been awarded PIP.
I was told the appeal would just be a “conversation” and that it would probably last about 45 mins. In fact, it went on for 2.5 hours, and was extremely gruelling. The medical advisor on the panel seemed to REALLY have it in for me. He spent most of the 2.5 hours (not exaggerating) interrogating me about a two-week holiday I went on. That’s 2 weeks out of 33 weeks of a fluctuating illness that the tribunal legally had to take into account.
It was very obvious that this guy was trying to use the fact that I managed a holiday to prove that I wasn’t ill for the remainder of the 33 weeks. He kept pressing me on it, and was like a dog with a bone. Was it a disabled holiday. Did I stay in one place or travel around. How many hotels did I stay in. How did I get to and from the airport. How long was the flight. And why did I go on the holiday when I knew I was susceptible to having a CFS relapse. I explained that the holiday had been booked almost a year in advance, before I got really ill, and that I rested for 6 weeks beforehand in preparation and that I went with a friend who also has CFS and the holiday was specifically planned with this in mind. I admitted that I took a bit of a risk with it. But it was my 40th birthday present and I thought it might be my last ever chance to go on holiday given that I seemed generally to be deteriorating.
I was also pressed as to why I chose not to have my husband with me on the call. I tried to explain that I find it much harder to focus when there are too many people and it actually makes me more anxious. I don’t think they liked this answer.
I did have a representative with me on the call, who made an opening submission on my behalf. She was flummoxed because at the end, the judge asked her what her opinion was about whether I get an award or not. She told me later that this had never happened before and that it kind of went against protocol, as they ought to ask for a closing submission, NOT an opinion. It really threw her and she stuttered her way through it, which I think didn’t help!
Anyway, I await my decision letter but feel pretty despondent and defeated and don’t hold out much hope.
I just wondered if anyone else has had a similar experience, either with a very lengthy hearing or one that focused almost entirely on a holiday, and what the outcome was for you?
Thank you for reading.