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TOPIC: PIP. Home assesment & partner attending

PIP. Home assesment & partner attending 6 months 4 weeks ago #157854

Thanks both.

I'm seriously considering appealing, there decision really doesn't make any sense to me. Obviously I'm biased in my favour. It seems to me as if the appeal process is more straight forward than the M/R process.

There is one thing niggling me. Has anyone in this forum had a bad experience of appealing and actually losing awards from what they already had. I appreciate you have to state a risk involved and I understand and fully take that on board. But really what are the odds of losing rather than gaining?

I would love to hear others experiences.
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PIP. Home assesment & partner attending 6 months 4 weeks ago #157880

  • Gordon
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couchie wrote:
Thanks both.

I'm seriously considering appealing, there decision really doesn't make any sense to me. Obviously I'm biased in my favour. It seems to me as if the appeal process is more straight forward than the M/R process.

There is one thing niggling me. Has anyone in this forum had a bad experience of appealing and actually losing awards from what they already had. I appreciate you have to state a risk involved and I understand and fully take that on board. But really what are the odds of losing rather than gaining?

I would love to hear others experiences.

It doesn't happen very often but an appeal panel can reduce or even remove an existing award, however the Judge is required t notify the claimant if there is a risk of this so that the can withdraw their appeal.

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: couchie

PIP. Home assesment & partner attending 6 months 4 weeks ago #157895

We have had at least one member experience this recently. If I remember correctly, they decided to let the appeal lapse rather than risking what they already have.
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: couchie

PIP. Home assesment & partner attending 2 months 2 weeks ago #168458

Hello

It's been 6 months since my decision, which has gone all the way to appeal. I finally had my hearing date in the post yesterday. It's the 11th October.

I'm just wondering if the new guidelines around the latest PIP form and claims will have any bearing on my claim. Is there anything that could be used to validate my claim? Some of my claim was around anxiety to go out due to incontinece, and around help and support I need to manage my incontinence at home.

Can the new guidelines be used in an appeal over a claim that was started in Feb this year?

Thank you
Chris
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PIP. Home assesment & partner attending 2 months 2 weeks ago #168477

  • Gordon
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  • Forum Moderator
couchie

I'm not sure that there have been any changes to the guidance for Managing Toilet Needs, but if there has been then the Tribunal can consider it, remember it is guidance and not the law, the panel are not required to follow it.

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: couchie

PIP. Home assesment & partner attending 1 month 3 weeks ago #170468

Hi All

My PIP tribunal was due to heard today. As you can imagine it has been an incredbly stressful 7 months.

The court is a good hour and a half journey each way. We were getting ready to start packing the car this morning, after going through all the paperwork and a sleepless night.

The phone went while I was in the bathroom so my other half answered it. It was the court clerk to say that the panel had looked at my case first thing this morning and thought me coming in was a waste of everyones time and ruled in my favour.

So I have been awarded enhanced rate in both daily living and mobility. The clerk said that he was only the clerk and didn't no anymore about the decision. My partner was so gob smacked she didn't ask any questions and I was stuck up in the loo. But I'm hoping it is backdated to the start of my claim. I'm pretty sure it should be.

But do I now wait for a letter from the court or should I phone to ask for more details?

Part of me is elated about this and grateful for the panels common sense and humanity for saving me having to encounter a tribunal. But I'm also totaly enraged for the whole process and the misery that it has put my partner and myself through. I have blown holes in their reasoning all the way.

But great news, thank you all for the help and support this site has given me. And for the wonderful guides that you have put together.

Kind regards all round.

Chris.
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