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PIP Tribunal - Is there any point?

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8 years 4 months ago #145591 by Caris
PIP Tribunal - Is there any point? was created by Caris
Hi, I have been transferred to PIP from DLA, and awarded Standard rate for both mobility and care.

I asked for a mandatory reconsideration as I feel I have been assessed incorrectly, I sent in an eight page letter where I had used the guide on here to very specifically outline according to the DWP's own regulations and terminology, why I felt the decision was incorrect.

Seemingly this was a complete waste of time, I set out the areas that I wished to be reconsidered section by section, under headings, bold and underlined. The first thing that was written in the desicion makers letter was that I hadn't sepcified which areas I wanted reconsidering.

I have stated through the process that it has been years since I have been able to go out unaccompanied, and went into the cognitive issues my condition brings. When the original decision came back saying that I have no mental heath issues or anxieties, I provided the name and address of my physcotherapist that I have seen for two years, plus a list of the anti anxiety medication I have been tried on, but my body isn't able to tolerate.

The reconsideration letter has not mentioned my mental health at all, but now said I have no cognitive issues, which is what I spoke about on the form and in the medical.

My medical was conducted in my home, with me in bed, and yet 'informal observations at my medical' have led the not decide how far I can walk. How?! He even stopped the physical assessment saying I was clearly too weak to do any of the standing parts.

A similar thing has happened on the cooking task, I have to have all my meals prepared for me, went into great detail as to why, but they have decided that I would be fine If I was on a kneeling stall.

A have pointed out that many times that I have severe symptoms at rest, provided medical evidence to back this up, and yet it seems to be completely ignored.

Is there much point in going further, I am not well enough to attend tribunal, so fear something very similar may happen there.

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8 years 4 months ago #145608 by Gordon
Replied by Gordon on topic PIP Tribunal - Is there any point?

Caris wrote: Is there much point in going further, I am not well enough to attend tribunal, so fear something very similar may happen there.


This is a question that only your can answer!

The Tribunal Service are a separate body from the DWP and should look at your claim from scratch.

The success rate for PIP Appeals is in excess of 50%, however, the rate is lower for those that are not attended by the claimant.

I would recommend that you go back to the guides to make sure that you fully understand the criteria for an Enhanced Award, many of the activities have multiple criteria and all of them need to be met in order to score points. Also, check your usage of "reliably" and "for the majority of days",

Gordon

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

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8 years 4 months ago #145957 by Caris
Replied by Caris on topic PIP Tribunal - Is there any point?
Thank you for your response Gordon, I go into detail as set out in the guide where it came to carrying out activities reliably, within a reasonable time frame, and without detriment to my condition. I also explained that my condition does not fluctuate, so I am never doing these activities as opposed to able to at times.

As I say, from the mandatory reconsideration, I don't think it was really read through, as there were certain statements that were the complete opposite as to what I had written, and not on matters that were subjective or open to opinion. Even not on health matters such as whether I had asked for certain sections to be reconsidered or not.

I wanted to ask about sending the form off for the tribunal, can you tell me whether you have to send all documentation with the form, or are you able to send further evidence after it is in? I have even more letters coming in than I have send already from various doctors, but have a short window to send the notice of appeal off so am not sure whether they will get to me in time.

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8 years 4 months ago #145976 by Gordon
Replied by Gordon on topic PIP Tribunal - Is there any point?
Caris

You only need to provide some basic reasons for the appeal on the form, you can then provide a submission and more evidence once the appeal has been accepted.

You should wait until your receive the DWP submission before completing yours and you will have until about 10 days before the hearing to send anything in.

Once you have lodged an appeal all further correspondence about it needs to go through the Tribunal Service.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Caris

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8 years 4 months ago #146027 by Caris
Replied by Caris on topic PIP Tribunal - Is there any point?
Thank you Gordon, that's a relief as it means I can get the form off in time and stop worrying about it for a few weeks!

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