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TOPIC: when to question decision?

when to question decision? 1 month 2 weeks ago #171069

Hi Walker,

Yes, you need to get your own submission done and sent to the Tribunal Service. This is the chance to rebut things in the DWP submission with which you disagree.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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when to question decision? 1 month 18 hours ago #172853

i am confused
on the gov site it only said about sending own submission if it was a 'paper' appeal
then somewhere I read - don't know where - that I needed to send own submission in within a month of the dwp submission
which is up now I think or nearly and I haven't don't this
I have not been well enough to do any of it
and I don't really know what to do
I don't know what to do
I just keep thinking they will throw it all back in my face anyway and say tough
reading the papers on here etc it seems they don't award mobility for mh issues - even though they are destroying my life and confining me from going/doing almost anything
I cant even get my head in a place to be stable enough to work it all out
I read on here people saying they are gathering evidence and writing things and then I panic as I don't know what to gather or write
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when to question decision? 1 month 17 hours ago #172858

  • Gordon
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  • Forum Moderator
walker

Legally claimants have one month from the date of the DWP's submission to prepare and send their own papers to the Tribunal Service. This is particularly important for a Paper assessment as you will not necessarily be told when your hearing will be held, although the TS should contact you if they have not received anything.

In practice, Oral hearing and often Paper hearings take many months to be heard and the TS is happy to receive your papers up to seven days before the hearing, but no later. They may accept a single side of A4 on the day, but they can reject the information or adjourn the hearing.

An award will be made by your showing that you meet the criteria to score points, so I would start by going through your PIP2, the assessment report and the PIP Claim guide to make sure that you have shown this. Be aware that some of the Descriptors have multiple elements and you must meet all of these to score.

Also make sure that you have made appropriate use of "reliably" and "on the majority of days".

If you are relying solely on the Going Out activity for a Mobility award then you may struggle to show that you meet the criteria for an Enhanced award but a Standard award is possible with MH issues and if you also have problems with Moving Around then the Enhanced award can be achieved.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

when to question decision? 1 month 15 hours ago #172871

thank you so much for your reply

yes it is only the 'going out' part and I previously had the standard dla mobility, so I never expected more than that

I never go to unfamiliar places alone - and I have already told them that is the case for virtually every single day
but they argue that I don't have a congition issue - although when panicking I certainly do
and I certainly don't believe I can do so 'reliably' without another person,

they argue the person is just prompting - however I know they are there to keep me safe,

I have the letters from my lead practitioner, and mh keyworker which clearly state the same
I don't know what other evidence I can provide, as they are the people who know me the best

I have read the two opposing high court judge opinions - do I use those as well?

I am scared that if I do manage to get it together to write a submission (unlikely at the moment) that then the dwp will just send back another argument

ahhhhhhhh even writing this is getting too much
it is so hard and I don't have anyone to help

APART from the CAB, is there anywhere else that gives help?
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when to question decision? 4 weeks 1 day ago #172881

can I also ask - there was another descriptor in the 'care' section that I disagreed with - but don't think changing it would affect the level of my payment or at least was another battle I didn't want
so - I decided not to add that to the MR/ appeal as I thought it best to just focus on the one thing

do you think that would be held against me when the same issue arises when esa is reviewed?

is it something I should include in my own response to the submission?
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when to question decision? 4 weeks 14 hours ago #172910

  • Gordon
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  • Forum Moderator
Walker

All you can do is argue your case but you will need to explain how you have cognitive issues when you are panicking in detail, how they manifest, how long for and how often, you also need to explain how having someone with you does not provide prompting to overcome these issue.

You can certainly use the Decision by Judge Agnew to support your case.

The DWP have made their submission I would not expect them to comment on yours before the hearing.

Lastly, although you do not mention the issue in the Daily Living activities, the criteria for the ESA activities is sufficiently different that I do not believe there would be any issue if you left it unchallenged at your appeal. It also means that it removes a reason for the panel to look at your DL award at the hearing.

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: walker
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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