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PIP Tribunal
- Lisab572
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I'm new here and subscribed to the guides this afternoon. I also downloaded the form for tribunal.
I have completed the grounds for hearing section and plan to add additional info breaking down the descriptors as attached info. Does the following sound ok that I have put on the form?
Following my application for transition from an indefinite award of HRC/LRM DLA to PIP and initially being awarded 0 points, I wish to appeal against the decision made at Mandatory Reconsideration that I am not entitled to PIP mobility (4 points) and was awarded just the standard rate of daily living (11 points) for a period of 2 years. I consider that I provided enough evidence for a decision to be made that I am entitled to PIP at the enhanced rate for both daily living and mobility.
I disagree with the decision because I do not consider that the correct descriptors were applied and that the decision maker and health care professional failed to take a full account of the severity of my condition and full range of limitations or of the way that it affects my everyday activities and mobility, nor understood and recorded my answers at the assessment fully and accurately as they were busy typing and asking questions and observing, and they made assumptions based on incorrectly recorded information and did not seem to ask me relevant information pertinent to my ability or lack thereof and the fact that I am wiped out after doing any activity once or twice at most and could not possibly attempt it the same day or often for one or two days afterwards.
My GP has advised me to appeal and I wish to have an oral hearing so that I and my carer can explain the full effects of my condition to a tribunal and answer any questions that they may wish to ask.
Please see attached information for further details.
Thanks in advance
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- Gordon
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
It's not our role to tell members what to write, but to ensure that they have the information they need to make that decision themselves. That said I don't see anything wrong with what you have written with the exception of the last paragraph, the decision to appeal has to be yours and yours alone, your post suggests that your GP may have influenced you.
As to your providing detailed reasons for your appeal I would advise against you doing this at this time.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, you should wait until you receive this to finish and submit your own, however, you should start to prepare your own case, an award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
Waiting for the DWP bundle means that you can ensure that you have answers to any issue that are raised by the DWP when you send in your own submission.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Lisab572
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- Posts: 2
I was under the impression that I should include the descriptors I am not disputing and the ones that I am disputing with the form?
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- Gordon
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Lisab572 wrote: I was under the impression that I should include the descriptors I am not disputing and the ones that I am disputing with the form?
Yes you should, I'm just saying that you don't need to do this with the SSCS1, you should wait until you have received the DWP's submission so that you can provide a single submission yourself dealing with all the issues.
The PIP Appeal guide explains how to complete the SSCS1.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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