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Need advice for PIP tribunal
- GrannyL
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7 years 1 month ago #182891 by GrannyL
Need advice for PIP tribunal was created by GrannyL
My husband lost his mobility points last year when being moved from DLA which he had since 1989, when he was given it for life, and he was awarded lower rate Daily Living. He asked for a Mandatory reconsideration and this time the Daily Living points were removed as well.
He had applied for an appeal and this has been granted.
I have a couple of questions if anyone can help
First, I am going as his representative its impossible to get anyone so if anybody has any experience I would be really grateful for any advice.
Second, the HA claimed that my husband walked into the assessment using a stick when in fact the assessment took place at home. This can be proved but she made several other omissions which can't be proved. eg she states that he cannot have severe pain as he has a low dose of painkillers. She was informed that the reason for this was that if he takes strong pain killers they affect his behaviour so badly that he was once taken to hospital by the police as a result.
Our GP will not write any letters of support for anyone so we have no copies of anything. He doesn't see the GP very often unless things are worse than usual and then he is sent for x ray or back to the Consultant. I am very nervous about this as he is dyslexic with speech as well as the written word and often uses words in the wrong place.
He had applied for an appeal and this has been granted.
I have a couple of questions if anyone can help
First, I am going as his representative its impossible to get anyone so if anybody has any experience I would be really grateful for any advice.
Second, the HA claimed that my husband walked into the assessment using a stick when in fact the assessment took place at home. This can be proved but she made several other omissions which can't be proved. eg she states that he cannot have severe pain as he has a low dose of painkillers. She was informed that the reason for this was that if he takes strong pain killers they affect his behaviour so badly that he was once taken to hospital by the police as a result.
Our GP will not write any letters of support for anyone so we have no copies of anything. He doesn't see the GP very often unless things are worse than usual and then he is sent for x ray or back to the Consultant. I am very nervous about this as he is dyslexic with speech as well as the written word and often uses words in the wrong place.
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- Gordon
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7 years 1 month ago #182918 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Need advice for PIP tribunal
GrannyL
You should receive a copy of the DWP's submission and all of the documents and evidence used in the making of the Decision.
I would recommend that you go back through your PIP, the assessment report (if you do not have this then it will be sent as part of the appeal) and the PIP Claim guide to ensure that you have shown that you meet the criteria to score points.
Be aware some of the Descriptors have multiple elements and you need to meet all of them to score points.
Finally make sure you have made use of "reliably" and "on the majority of days" wherever appropriate.
I'm not saying to ignore issues raised in the report but they are unlikely to help you score the points for an award, so it should be a secondary consideration.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
You should receive a copy of the DWP's submission and all of the documents and evidence used in the making of the Decision.
I would recommend that you go back through your PIP, the assessment report (if you do not have this then it will be sent as part of the appeal) and the PIP Claim guide to ensure that you have shown that you meet the criteria to score points.
Be aware some of the Descriptors have multiple elements and you need to meet all of them to score points.
Finally make sure you have made use of "reliably" and "on the majority of days" wherever appropriate.
I'm not saying to ignore issues raised in the report but they are unlikely to help you score the points for an award, so it should be a secondary consideration.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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