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Please could I have help with PIP appeal

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7 years 1 month ago #183341 by angelcake
Replied by angelcake on topic Please could I have help with PIP appeal
Dear Gordon,

I'm just working through the my assessment looking at the challenges I could raise to challenge the credibility of the report. I've got lots more work to do but things are jumping out already

eg. with regard to the assessors justification for descriptors choice I've noticed 1. Failure to mention my condition of hypothyroidism in which gives me extreme fatigue and also fatigue which is consistent with me not being able to do things reliably and repeatedly eg. preparing food where I need assistance.

The evidence of this is in history of conditions and functional history but has been ignored in the justification of descriptor by the assessor.

Also she has failed to site FME (is that further medical evidence?) in the justification that I have from my GP that is consistent in supporting that I need assistance with preparing food.

Also when I sent my PIP form off I didn't write hardly anything on it but said I would be forwarding on additional information ASAP, which I did and they definitely have because it's in my bundle. However, it's not been listed as evidence on the assessment form to be considered alongside consultation findings. My additional evidence was very detailed but it makes me think that it's not been taken into consideration, well at least it has not been listed on the front page or referred to in any of the justifications.

Do you think any of my points here are valid for challenging my decision? I've not finished yet but this is what I've found so far.

I'm still waiting on finding out if I can get a postponement.

I spoke to my welfare officer and tried to pin her down on whether I had a strong case and she thought I was at risk of losing and thought I should pull out, the only reasoning she thought is she believed they have been generous. I've not spoken to her yet about what I have found and I suspect that she has not looked at it as indepth as I am doing now. could those things above potentially strengthen my case?

She said if I'm going ahead she would do me a submission and asked me to write any points down that I'd like to include but because of what I've said above, I'm doubting that she is doing a thorough enough job and wondering if I would be better off doing the submission myself? Am I at any disadvantages if I do it myself? or am I I better letting her do it?

Thanks
AC

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7 years 1 month ago #183357 by Gordon
Replied by Gordon on topic Please could I have help with PIP appeal
angelcake

These are certainly issues to raise with Tribunal but you will only win your appeal by showing that you meet the criteria to do so.

I would go through your PIP2, the assessment report and the PIP Claim to see which Descriptors you feel you should meet, then you can use this information to speak to your advisor.

It's your claim so you need to take ownership of it, it is usually advantageous to have the help of a trained advisor, but you need to be happy with the advice you are being given. That's something you have to decide for yourself.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #183379 by angelcake
Replied by angelcake on topic Please could I have help with PIP appeal
Dear Gordon,

With regard to it being advantageous to have the help of a trained advisor, with reference specifically to doing a submission - are you saying it's best if they write it or myself? Will it hold more weight if she does it? Can it been done as a joint effort? Can a submission be done by both of us? I just feel that even though she is trained I'm finding things from the guides that she has not even thought of in terms of challenging the decision.

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7 years 1 month ago #183405 by Gordon
Replied by Gordon on topic Please could I have help with PIP appeal

angelcake wrote: Dear Gordon,

With regard to it being advantageous to have the help of a trained advisor, with reference specifically to doing a submission - are you saying it's best if they write it or myself? Will it hold more weight if she does it? Can it been done as a joint effort? Can a submission be done by both of us? I just feel that even though she is trained I'm finding things from the guides that she has not even thought of in terms of challenging the decision.


They will have experience of writing a submission (I hope) whereas this is your first one.

The Tribunal panel are only interested in the contents of the submission, not who wrote it.

This is really a discussion you should be having with them, I can only say what you might do, only they can tell you what they can do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #183709 by angelcake
Replied by angelcake on topic Please could I have help with PIP appeal
Dear Gordon,

I understand that I will only win my appeal if I can show that I meet the criteria. However, I've spoken to my welfare officer and even though she acknowledges the flaws in the assessment she is definitely not willing to write anything about it in the submission.

and I feel there are some big things for instance basically awarding points just based on anxiety and depression and not taking into consideration extreme fatigue when I have medical evidence to justify certain descriptors.

She went on to be negative and put me off about me writing anything either regarding challenges and saying it could go against me the fact that I am able to write about such things in detail and that it can rub the judge up the wrong way. It just seems bit a contradictory as there are clearly flaws with the assessment that I have picked up from the guide 50 ways to challenge.


As I'm not sure I'll be able to get any new evidence my GP has pulled the rug from under the feet of everyone at the surgery who wants medical evidence, I'm not sure I can get anything from my consultant specifically about the descriptors.

So she is made it clear that she will not challenge the report in the submission and also tried to put me off and it seems that will be the only supportive evidence that I could provide to challenge the decision, other than my evidence of meeting the descriptors.

What would suggest I could do?

and if I use this guide am I allowed to say that I've had some help from the guides @ benefits and work guides?

because it is not correct to assume that I've been capable of doing it on my own and the assumptions that they will make about my capabilities if they think that I've done it without help and that is not fair and gives a false impression.

Also if you know of other members or if there is anyone reading this who has been in my position of going to appeal and challenging the assessment using the 5O ways to challenge guide can you tell me how you got on and if it's worth doing?

Despite having a welfare case worker I'm just feeling really unsupported currently and it's making life really difficult and stressful for me and that's even before I get to the appeal!

and I asked her I she would be putting anything in the submission that would help my case and all she could say was well it won't harm your case!

Many thanks

AC

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7 years 1 month ago #183727 by Gordon
Replied by Gordon on topic Please could I have help with PIP appeal
AC

There's no problem with you saying that you had help, but concentrate on explaining why you needed it rather than the source.

In this situation I think you need to concentrate on the things that you can have an effect on, from what you have said finding new evidence is going to be a real problem, so spend your time putting the best case you can forward to the Tribunal is where you can have the most effect.

Gordon

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