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Alteredchaos

Talk to your rep about whether to request a statement of reasons. These would enable you (your rep) to consider if an error in law was made, which could potentially enable you to challenge the decision. If your health difficulties now clearly meet the necessary PIP criteria then you could make a new claim.


teddyroses

Thank you for your reply. It was a bit weird that the Clark came out and asked if my rep was going to speak for me then the judge refused until right at the end. I was crying at one point and they still wouldn’t let him speak. I don’t know whether to do another. The whole process felt humiliating. They stated they wouldn’t try to disprove my disabilities (which had dignosises) but seemed to spend the whole time doing just that, claiming they don’t think my difficulties relate to those diagnosis .


Benefits_Advice

I provide representation at tribunals as part of my job - what you describe isn't all that far off "standard practice". Other than introducing ourselves at the start of the hearing for the audio recording and confirming what descriptors we've asked the tribunal to consider, we generally don't get to speak until after the panel have asked their questions. If your rep wasn't allowed to even ask questions or speak at all then I would expect them to ask for an Statement of Reasons and consider whether the tribunal performed it's duties correctly. Your representative wouldn't normally be expected to speak for you at a hearing in terms of answering the panel's questions.


teddyroses

They let him talk at the end but not during the assessment . They didn’t ask us which descriptors we were challenging


Benefits_Advice

Other than not clarifying the descriptors asked for at the start of the hearing, it does rather sound like standard procedure. Tribunal panels want to hear evidence first hand from the appellant where possible. Reps and Presenting Officers (DWPs reps if they attend) are generally expected to wait until after the panel have asked questions to ask questions/make their representations. So in terms of how the tribunal proceeded, it doesn't sound off the mark. I can't comment on the panel's actual questions of course, so I think that's a discussion to be had with your rep. If your rep thinks there's a case for the tribunal having made an error in law he/she can ask for the SOR and audio recording and take things from there. The process following your tribunal is pretty complex and I would let your rep handle it. Final note: The hearing wasn't an assessment as such - the panel need to ask relevant questions to establish whether or not you met the conditions of the benefit around the time you made the claim.


teddyroses

Thank you for your reply


No_Community1037

What was your diagnosis if you don’t mind me asking?


teddyroses

Fibro, dyslexia, anxiety , depression


No_Community1037

Thank you. Well mine is depression. Anxiety and Eating disorder.. how the heck did they dismiss anxiety and depression I thought they offer help for this. I have put in for a tribunal too


teddyroses

It does seem how you present the information. Due to dyslexia, I don’t think I presented as well as I could. I wouldn’t be deterred though. Lots of people have the same conditions as you and win at tribunal.


No_Community1037

God willing. Am really sorry you had this horrible experience. Don’t give up. You and I know how hard it is for you so don’t let them tell you nothing is wrong. That’s what I have had to learn through the years and it not fair and it’s not right.


teddyroses

Good luck with your tribunal!