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Pip tribunal adjourned
- Sheer2002
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7 years 5 months ago #172137 by Sheer2002
Pip tribunal adjourned was created by Sheer2002
Hi guys only just found this,I need help big time,I applied for pip awarded day care,then appealed for mobility as I have several discs in my back gone, causing loads of problems all left side,post nephrectomy muscular problems,plus lower back athritis I was adviced by CAB that I had an excellent case as I paid for my medical records plus various other information from kidney organisation, saying I couldn't take certain medication etc..when I went the the courts on 5th Oct ,I was confident,but quite distressed as I had been by my mothers bed in hospital for 20hrs and sadly she passed away 2hrs before my hearing,I should have cancelled as I was all over the place,but I wanted it over with,I did explain at the desk and she said OK.
However they called me in there was a doctor,judge,and this other women,they told me straight away they were adjourning it as I was my dads carer,and they said how can I be his carer when I needed help myself,I asked if I could explain and they said no and for me to seek advice,and to think about pulling out all together,i was devastated they were very rude and I explained I didn't understand what was happening,I cried all the way home more grief I believe,I went to citizens advice,and explained what I did which was support for my dad my mum was bed bound and could not be left alone at any time, so I use to sit most days so my dad could do shopping pay bills or just get some sleep,as my mum was calling him at nights,that's all I did but to him that was everything and it stopped him putting her in a home and enabled him to cope,,I was told I did nothing wrong,and I did look in to all this before I applied myself,I had appointment with solicitor who were appalled that the way I was treated especially after I explained,and I told them I was now cancelling the carers as it was only support for my dad,I was told I didn't have to but I did as my mum past that day,they told me to put a letter of complaint in saying they have broken the law,and that I should have been given the chance to explain,the solicitor adviced me that they had indeed broken the law,as I was allowed to claim carers and for myself,so I have my court date Tues 1/11/ and now I have lost all my confidence,of winning,I was told by solicitor to go ahead with it,he said I had an excellent chance as I had so much evidence,but I have no confidence anymore, sorry for the very long forum, but I did have to explain it all.
However they called me in there was a doctor,judge,and this other women,they told me straight away they were adjourning it as I was my dads carer,and they said how can I be his carer when I needed help myself,I asked if I could explain and they said no and for me to seek advice,and to think about pulling out all together,i was devastated they were very rude and I explained I didn't understand what was happening,I cried all the way home more grief I believe,I went to citizens advice,and explained what I did which was support for my dad my mum was bed bound and could not be left alone at any time, so I use to sit most days so my dad could do shopping pay bills or just get some sleep,as my mum was calling him at nights,that's all I did but to him that was everything and it stopped him putting her in a home and enabled him to cope,,I was told I did nothing wrong,and I did look in to all this before I applied myself,I had appointment with solicitor who were appalled that the way I was treated especially after I explained,and I told them I was now cancelling the carers as it was only support for my dad,I was told I didn't have to but I did as my mum past that day,they told me to put a letter of complaint in saying they have broken the law,and that I should have been given the chance to explain,the solicitor adviced me that they had indeed broken the law,as I was allowed to claim carers and for myself,so I have my court date Tues 1/11/ and now I have lost all my confidence,of winning,I was told by solicitor to go ahead with it,he said I had an excellent chance as I had so much evidence,but I have no confidence anymore, sorry for the very long forum, but I did have to explain it all.
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- Gordon
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7 years 5 months ago #172167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip tribunal adjourned
Tracey
I'm not sure that we can offer more advice than your solicitor, but we will do our best.
The panel have not broken the law by adjourning your case, they have an obligation to warn the claimant if there is a possibility that they would reduce a current award or even remove it.
From what I see their issue boils down into the following. If your ability to carry out the PIP activities is so limited as to warrant an award of PIP then they cannot see how you can fulfil the requirement to provide 35 hours or more of care a week to your father in order to meet the requirement for Carers Allowance.
If you provide the 35 hours of care for CA, then they cannot see how you can meet the criteria for a PIP award.
A PIP award and a claim for CA are not mutually exclusive, but there are limited circumstances where the two would be considered compatible.
I'm not sure that your cancelling your CA will make a difference. The Tribunal can only look at your conditions and limitations at the time that the Decision that you have appealed was made and at that time you were claiming CA.
If you go ahead then you should expect to be asked about the activities that you performed for the CA and why this does not contradict your limitations in completing the PIP activities.
You also need to consider the risk of the Judge reporting you to the Carers Unit for failing to provide the required care for CA. If found to be the case then this would result in a recoverable overpayment of the CA payments.
Gordon
I'm not sure that we can offer more advice than your solicitor, but we will do our best.
The panel have not broken the law by adjourning your case, they have an obligation to warn the claimant if there is a possibility that they would reduce a current award or even remove it.
From what I see their issue boils down into the following. If your ability to carry out the PIP activities is so limited as to warrant an award of PIP then they cannot see how you can fulfil the requirement to provide 35 hours or more of care a week to your father in order to meet the requirement for Carers Allowance.
If you provide the 35 hours of care for CA, then they cannot see how you can meet the criteria for a PIP award.
A PIP award and a claim for CA are not mutually exclusive, but there are limited circumstances where the two would be considered compatible.
I'm not sure that your cancelling your CA will make a difference. The Tribunal can only look at your conditions and limitations at the time that the Decision that you have appealed was made and at that time you were claiming CA.
If you go ahead then you should expect to be asked about the activities that you performed for the CA and why this does not contradict your limitations in completing the PIP activities.
You also need to consider the risk of the Judge reporting you to the Carers Unit for failing to provide the required care for CA. If found to be the case then this would result in a recoverable overpayment of the CA payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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