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TOPIC: PIP - Communication and Engagement

PIP - Communication and Engagement 1 year 6 months ago #134581

The point for me is that I couldn't hear the announcements or ask someone else if something goes wrong as it frequently does on British Rail and the underground. Therefore I don't go anywhere that I don't know the route already (from having been there with another person). I can count the stops and look at a tube map but I couldn't hear the answer if I had to ask for directions. When I was younger I could amble about London and so long as I had a vague idea of the main roads that I already knew, I wasn't too worried but I wouldn't do it now.
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PIP - Communication and Engagement 1 year 6 months ago #134599

  • Gordon
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  • Forum Moderator
JRW

I do understand the issues that you are raising, the risk is that they are seen as inconveniences rather than presenting a physical danger to you or causing you mental distress, they are also subject to the vagaries of the transport system on the day and not an ever present danger that you must always deal with, so you risk the panel taking the view, even if they agree with you, that the problems are not present for the majority of days.

You will only have limited time during the Tribunal to present a case and the questioning will primarily led by the panel although you will be given a short period to speak at the end of the session which is typically 40-50 minutes, You need to plan what arguments you will make and how you will counter the response made by the panel, whilst they are independent and impartial they will robustly challenge you to show that you meet the criteria.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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PIP - Communication and Engagement 1 year 6 months ago #134675

Hello Gordon
I had an audiogram yesterday and it is considerably worse than it was in the previous audiogram (5 years ago). DWP and the tribunal have the old audiogram but should i send the new audiogram in to them ASAP or should I wait for the bundle of papers? Basically my hearing is 80, 90, 110, and falls off the DB scale in both ears.

I have been given 4 points for complex verbal Communication. As I don't even know if people are speaking to me unless they touch me or I can see them, I believe that I need support to understand basic communication. I said in the form I use various aids like loop system, Light alarm instead of radio alarm, notes are taken for me at meetings etc so I feel it should really be basic communication.

I was given nothing for engagement but I don't engage with people because unless people go out of their way, I don't know they are talking to me. I don't go out with friends, I don't take lunch with people and the HP said in her report, I didn't respond initally and that i was struggling in conversation but then says I communicated and engaged with her, good rapport etc but that I was prompted by husband. Most of the assessment was her and my husband, not me. I need support to engage with people and on the very rare occasions I have been out, I do get upset because it's impossible for me. I am afraid to say that we don't get a lot of social invites and even then, I usually end up cancelling it because I can't face it and this is with family, never mind friends or other people.

I have asked and the question was not answered what her qualification was as I think she was a physio person, the report is written up by a nurse. I don't think either of them can really judge a hearing difficulty. The report also says that I can manage travel but we didn't discuss travel and I specifically asked at least twice at the end of the aasessment when are we going to talk about it but we got 'shooed out' as we had had our hour. Thank you very much for your time on your answers.
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PIP - Communication and Engagement 1 year 6 months ago #134685

  • Gordon
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Hello again

The Tribunal can only look at your condition as it was at the time of the assessment, so you will need to show that this latest report was applicable at this time, unless you have had a sudden deterioration in your hearing then this will be undoubtedly the case but you still need to make it clear to the panel so that they don't simply rule it inadmissible due to the date.

The Mixing With Other People Descriptor is primarily aimed at claimants with Social Anxiety or other mental health issues that mean that are unable to or are restricted by their conditions from interacting with others.

Although you mention prompting can you show that this goes beyond your not knowing that people are attempting to talk to you if they are not facing you? Do you have problems interacting with people that approach you head on or are within your field of attention? Is there anything that would prevent you conversing with someone who had attracted your attention and who's lips you could clearly see?

You say you are upset, but can you categorise this as distressed rather than frustrated? You say that you are like this with family and friends, is this all the time? Is it possible that you avoid visiting because of the risk of there being others that you don't know or don't know as well?

The report should have been prepared by the Health Care Professional that assessed you, are you saying that it was someone else? If you can show that someone else actually did this then this will call into question the validity of the report, but you would still have to show the contents of the report does not take proper account of your conditions.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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PIP - Communication and Engagement 1 year 6 months ago #135046

Hi,

I'm trying to take on board what you are saying but find it difficult because I am still waiting for the 'bundle' from DWP and can't think of anything else. My appeal was received by court on 31/3, letter from court was dated 8 April. I've counted the working days since then excluding bank holidays and can't get it right, should I have received something by now or is the 28 days still running? When I get the bundle, what do I do next? I have help from a money advice unit at local council, but I wonder if I should get legal advice, I can't afford to pay. Also I can't see how patient the panel will be, I can't hear their questions, it's going to take ages for me to understand. What if I get there and the loop system doesn't work? Don't know how much help my family are going to be either as up til now, I've always played my deafness down. I'm falling apart here, I don't even want to go to the GP in case she signs me off as when I'm at work, I'm distracted and not doing a very good job but nobody has commented on that lately.
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PIP - Communication and Engagement 1 year 6 months ago #135049

  • Gordon
  • OFFLINE
  • Forum Moderator
JRW

If the Court acknowledged the appeal on 8 April then then the DWP had until 7 May to produce and despatch their submission (bundle). If you have not received it then you need to contact the Clerk of the Court about this, I realise you may not be able to use the phone so can someone ring on your behalf, you would need to be present to answer any security questions and authorise the Clerk to speak to the person.

If no one can ring for you then you will have to write, but it will obviously add further delays to the process.

Your submission needs to consist of two sets of information. First you need to show that your meet the criteria for an award, it is possible that you have already gone into as much detail as you can in your claim form, but if nothing else try an create short high level view of why you meet the criteria re-enforcing the links to your evidence.

You can start work on this immediately as you do not need the DPW bundle to do this. Remember that all activities must be done reliably this means

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.

Secondly, you need to explain why the assessors report is inaccurate in it's assumptions, again you need to do this by referring to your evidence, if you already have this report then you can start work immediately, if not then you will have to wait for the bundle.

It is unlikely that the bundle will contain much more than this, typically there will be a covering letter from the DM, usually a standard template adjusted for the particulars of your claim, details of the law related to the Decision, the assessment report, your PIP2 form and everything attached to it, finally, if they contacted any of the doctors that support you their letters will be included and that's about it.

Legally, you only have one month from the date of the DWP submission to prepare and submit your own case, in practice this may be longer if there is any waiting time for Tribunals to be held in your area, you can continue to submit information up to about two weeks before the hearing, it is possible to make a short (one page) addition on the day of the hearing.

If you have notified the Tribunal Service of your hearing problems then they should make allowances for this during the hearing, but if you still have concerns then your should contact the Clerk to find out what arrangements have been made.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: JRW
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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