× Members

when to question decision?

More
7 years 3 months ago #175504 by Gordon
Replied by Gordon on topic when to question decision?

walker wrote: oh dear
on reading threads from other people
I am now scared they will just try to take away my current award

my head is arguing so much its making me spin
- navigate - follow - prompt - da da da da

if there is anyone else out there with tribunal tips, please I would be very grateful
although I know each of our cases is different


It is quite rare for a Tribunal to have issues with any current award and they are obliged to warn the claimant if they believe that there is a risk to a current award, so that the claimant has an opportunity to withdraw their appeal.

You can have a look at the following if you have not already done so.

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

MOJ Video of ESA Appeals Process and Tribunal

The video is for ESA which has a two member panel whereas PIP has three members, but the process are not dissimilar.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: keeptrying

Please Log in or Create an account to join the conversation.

More
7 years 3 months ago #175601 by keeptrying
Replied by keeptrying on topic when to question decision?
well I am dreading tomorrow

I am trying to type up some notes for me to remind me of things like what happens when I panic/anxiety
what good/med/bad days are like
what happens re. journeys

I took your advice and got my usual driver to arrange for someone else to take me so I hope they turn up or I will freak out
I am hyper, rocking, and bingeing just to contain my 'head'

earlier someone I know was saying how dreadful the situation was - even stopping support for quadriplegics
that has done my head is as now I just feel like a totally bad person who has no right to any support at all

Please Log in or Create an account to join the conversation.

More
7 years 3 months ago #175613 by keeptrying
Replied by keeptrying on topic when to question decision?
well, having spent and still spending, hours making notes to try and remember things tomorrow
I have been reading through the dwp guidance on the going out descriptors

I may as well just not bother turning up tomorrow
because all they will do is take away the few points (no award) that I do have

the REGULATIONS that say where one or more descriptor applies for over 50% of the time take the higher one -
don't seem to be included in the GUIDANCE to HP's
for example they say if someone can spend a few minutes picking up a child from school each day - then they are descriptor a) - even if the rest of the time they go nowhere (not my situation)
which is quite honestly absurd
and if that is the line the tribunal take
then I 'surrender'

they seem to use the tactic that if one descriptor applies for over 50% of the time, then disregard any higher point descriptors, even if they apply just as frequently

oh I feel so rubbish
this is such a waste of time and unnecessary stress and money
what a big big big mistake this was

Please Log in or Create an account to join the conversation.

More
7 years 3 months ago #175646 by slugsta
Replied by slugsta on topic when to question decision?
Hi Walker,

If you possibly can, I think you should go and let the assessor/DWP make the decision.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: keeptrying

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.