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7 years 2 months ago #179937 by Don
Appeal Tribunal was created by Don
I have my PIP appeal hearing on Wednesday and to say I'm nervous is an understatement!
I have a degenerative lumbar disease in all the vertebre, osteoarthritis in my back, hips and my knees. My daily pain is chronic despite the painkillers I take and my mobility is severely restricted.
I also suffer from severe anxiety, depression and stress symptoms for which I take medication and attend councilling.
Despite me providing substantial evidence from all the doctors involved in my care I have been refused any mobility rate.
The untruths included in both the HPs and DWPs reports are unbelievable and there is no doubt that they didn't even read my application and the evidence I provided.
The information contained on this site is great but can anybody give me some tips on how I should approach this Tribunal and how am I going to remember everything I want to say?

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7 years 2 months ago - 7 years 2 months ago #179953 by slugsta
Replied by slugsta on topic Appeal Tribunal
Hi Don,

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

I suggest you have a look at our PIP guide, so that you understand the criteria against which you are being assessed, and also re-read your PIP2 form before the hearing.

PIP help for claimants

This should also help. Although it relates mainly to ESA, the principles of the appeal process are the same

Appeal FAQs

The panle will want to ask you questions about how your conditions limit your ability to carry out the activities linked to the descriptors. This will be considered along with the information you have given them in your appeal submission.

This video talks about ESA appeals but, again, things are very similar for PIP. You will have a third member of the appeal panel.




May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your PIP without having to start a new topic each time. We ask members to keep everything relating to the same claim in one topic as it helps us enormously - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by slugsta.

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7 years 2 months ago #180590 by Don
Replied by Don on topic Appeal Tribunal
Well I had my appeal and managed to get standard rate for both Daily Living and Mobility. I was happy with the Daily Living award but was disappointed only to get standard for Mobility.
The Tribunal was hard going and they asked me lots of loaded questions, so glad to get through it.
I might decide to go for a change of circumstance, if so does that mean I have to complete a brand new application or can I ask for a change of circumstance just for mobility only?
What complicates the matter is that I am 65 in May, am I right in thinking that I would not be able to make any new application after that date?
Sorry I'm a bit confused about this subject.
Can I thank you and this site because it's been so helpful in the process of applying for PIP and also in giving information on the appeal system.

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7 years 2 months ago #180621 by slugsta
Replied by slugsta on topic Appeal Tribunal
Hi Don,

Thanks for the update, I am glad we have been of help.

If you notify DWP of a change in circumstances, you should expect it to trigger a complete reassessment including a PIP2 and, possibly, a face2face assessment.

The mobility component of PIP cannot be awarded for the first time, nor increased, once the claimant has reached State Pension age.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 2 months ago #180770 by Don
Replied by Don on topic Appeal Tribunal
Thanks for your reply.
I don't want to come across as greedy, I think the standard rate for daily living is fair, but I do believe, as do the CAB, that I should have been awarded the enhanced rate for mobility.
So from what you say I only have until May to decide if I want to ask for a change of circumstance in order to get the enhanced rate?
Plus I can't just ask for the change of circumstance to apply to mobility only?

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7 years 2 months ago #180789 by Gordon
Replied by Gordon on topic Appeal Tribunal

Don wrote: Thanks for your reply.
I don't want to come across as greedy, I think the standard rate for daily living is fair, but I do believe, as do the CAB, that I should have been awarded the enhanced rate for mobility.
So from what you say I only have until May to decide if I want to ask for a change of circumstance in order to get the enhanced rate?
Plus I can't just ask for the change of circumstance to apply to mobility only?


That's correct.

Gordon

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