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TOPIC: Am I too late for a tribunal

Am I too late for a tribunal 1 week 2 days ago #174515

Hi,

I used to get high rate mobility and and medium rate care component for DLA. This was awarded indefinitely as this being genetic, I will never get better. I will continue to deteriorate. I suffer from a form of CMT (caused by a rare NEFL mutation). I made an application to change from DLA to PIP and had to go to Coventry for a face to face. After I enquired, the person conducting the interview said that she was an nurse. No medical examinations took place apart from some very basic general ability tests such as balancing on one leg. They also actually spy on me making my way to the toilet and back with their CCTV, which I was annoyed about.

After a month or so, I had a reply and it was found that I did not qualify for any mobility component whatsoever, which I am finding difficult to believe, and still do. However, I do currently get the equivalent of medium rate care component, though.

I wasn't happy with this though and I requested that they look art my application again and at the beginning of August, I received a reply but they have maintained their previous decision.
I also discovered that they have not consulted any of my medical records either at my GP's surgery or at my neurologist in London. I did question this amongst other things when I asked for them to reconsider and I did not receive any replies to any of my questions or points.

The big problem for me is that I was finding things very difficult emotionally. I had just got a new job after being made redundant earlier and then I have go refused any mobility for PIP. I have found that I have had to visit my GP and I am currently having to take Citalopram for depression and anxiety.
I also was not aware that I had a month to apply for a tribunal and this was not pointed out on the rejection letter. This has further sent me over the edge and I am only just beginning to feel that I could cope with being able to apply for the tribunal however I still feel that it maybe too late despite not being well enough to deal with it.
I live on my own and so I have nobody to help me and I wonder if anyone out there could give me some advice.
There is so much more that I could say about my condition and circumstances but I thought it would be best to keep things brief, initially.

Regards David
The administrator has disabled public write access.

Am I too late for a tribunal 1 week 2 days ago #174547

  • Gordon
  • OFFLINE
  • Forum Moderator
David

Providing it is not more than 13 months from the date of Decision on your PIP claim you can still make a Late Appeal, you will need to explain why your request is late, the deterioration in your health may be sufficient.

The PIP MR & Appeal guide has links to the SSCS1 that you will need to complete and instructions on how to complete the form, at this stage you do not have to go into detail about why you are appealing.

I would recommend that you go back through your PIP, the assessment report (if you do not have this then it will be sent as part of the appeal) and the PIP Claim guide to ensure that you have shown that you meet the criteria to score points.

Be aware some of the Descriptors have multiple elements and you need to meet all of them to score points.

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

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.
The following user(s) said Thank You: David

Am I too late for a tribunal 1 week 2 days ago #174603

Thanks for your reply, Gordon, I'll have a look at the guides you have suggested.
Two major problems I have is pain and balance. I have pain most of the time but this does not appear to count towards the award. Also my balance is quite shocking and sometimes dangerous to my health and I have to be extremely careful. In some cases I cannot or will not do things because of the risk of injury, even with the use of a stick.
How can these factors not be taken into account by DWP?
The administrator has disabled public write access.

Am I too late for a tribunal 1 week 2 days ago #174622

Hi David,

This is where you need to make good use of the 'reliability' criteria

• 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.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 week 2 days ago by Mrs Hurtyback.
The administrator has disabled public write access.
The following user(s) said Thank You: David
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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