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PIP appeal tribunal, preparation.

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6 years 11 months ago #186124 by boolybooly
Replied by boolybooly on topic PIP appeal tribunal, preparation.
Thanks Mrs Hurtyback, I will focus on that, was having a bit of a headless chicken moment. I have been working on it a bit every morning for two months which was as much as I could manage but I felt like I had not really found the right arguments.

But I have tried rereading the B&W PIP appeal guide today which has a CFS example as well as revisiting the assessors guide. Hopefully I will be able to focus on the relevant points to make a case which makes sense to them.

Community law said they were unable to represent but they did send me an info pack. I have not been able to find another representative, its feels like all the support agencies have packed up. So I will have to represent myself with a family member for support. It seems like a bit much to expect me to understand this system well enough first go. I feel unequal to the task due to the difficulty I have concentrating due to my illness but what else can I do but try.

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6 years 11 months ago #186149 by Gordon
Replied by Gordon on topic PIP appeal tribunal, preparation.
boolybooly

Try and remember, lots of our members are unable to get Representation for their appeals, it's not easy but you can manage it, just break down the things you need to do for the hearing into smaller amounts and take breaks in between.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 11 months ago #187241 by boolybooly
Replied by boolybooly on topic PIP appeal tribunal, preparation.
Good news, I was preparing to go to the hearing, very nerve wracked etc and got a phone call which was the clerk saying that I didn't have to turn up as the tribunal had overturned my PIP on the papers already that morning and found in my favour.

I had to ask him to confirm it a couple of times as I could not quite believe it, but it makes sense as the papers included an FME letter from my doctor which had been given scant regard in assessment and an additional doctors letter for the appeal and some additional medical evidence coupled to a long verifiable DLA history.

So this should mean enhanced mobility and standard daily living with a review date in 2021 instead of standard mibility until 2018.

Am a bit tired now because of all the anticipation and preparation but am much better off for not having to go to the hearing so I am very grateful to the tribunal and the clerk for their intervention and also to Gordon and Mrs Hurtyback for your support here, and many thanks also to Benefits and Work for the guides which helped me to understand how to write the submission, I think they helped a lot.

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6 years 11 months ago #187274 by Gordon
Replied by Gordon on topic PIP appeal tribunal, preparation.
boolybooly

Brilliant, well done.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would give them a call after Easter to check that the have received the Decision Notice.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 7 months ago #193820 by boolybooly
Replied by boolybooly on topic PIP appeal tribunal, preparation.
FYI I have written to my MP Peter Bone to complain about the PIP assessment as follows.

Dear Mr Bone,
I wrote to you about PIP before the election, copy enclosed. I am writing again in
the hope of persuading you to respond and challenge the reality of a systemic failure of PIP
assessment and mitigate its impact on vulnerable people across the UK.

I have been through PIP assessment because of my ME CFIDS. The flaws in my own assessment
were egregious, as revealed in preparing for the tribunal and showed my assessment ignored my
written submission and medical evidence available to the assessor. The assessment was not self
consistent and yet DWP decision makers, including mandatory reconsideration, repeated the
errors of the assessor. This is why it was overturned on papers and my appeal allowed without
needing to attend the tribunal, based on medical evidence the DWP had all along.

PIP decisions are being left in the hands of health professionals who are of a different vocation
to the legal and clerical skills required. They are being pressured for time and perversely cannot
afford the time to read and consider relevant documents. Which is why the method of
productivity incentivisation is counterproductive to the task of accurate assessment.

This is why the majority (65%) of a rapidly increasing number of appeals are allowed.

Would it not be better if people got a fair assessment at the first hearing? I am sure you agree
vindictive attitudes towards the disabled are not justified. It makes sense to assess us fairly and
would waste less money on appeals and would cause less harm.

Moreover the disabled and seriously ill should be treated with care.

Yours sincerely,

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