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8 years 4 months ago #146424 by tedthered64
Replied by tedthered64 on topic Tribunal
Hi mods,

I have been looking through the guides on what to expect at my upcoming tribunal and looked through the DWP recourse's on medical conditions and the effects' of these.

With regards to my conditions it advises a 2 year award in more than one section and describes the disabling effects nearly verbatim with the evidence provided.

My question is this, do I print this off and either send to the tribunal or even take this with me to the tribunal explaining that these points are highly relevant to my case.

I understand that these are only guidelines for DM,s but the refusal of 0 points for every activity, despite medical evidence being provided surely highlights an incorrect decision was made.

I hope I am not being foolish by asking this.

Regards

Ted

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8 years 4 months ago #146425 by tedthered64
Replied by tedthered64 on topic Tribunal
Just to add to my previous post I have copied and pasted this section from the guide, its relevance is I stated in my appeal that I require assistance in getting up from a seated position and should score 15 points yet I scored 0 points for this.

This is the DM.s guidance notes.

" A person with severe restriction would normally have joint deformity with pain and restriction of movement. Knee instability is likely to be present and hence an increased risk of falls. However, the use of a stick may help reduce the risk of falls and may also assist in rising after a fall. Such a person would normally need assistance from another person with dressing, bathing and attending to toilet needs. Help is likely to be needed with rising from sitting, getting out of bed, the bath and in using stairs. No supervision or watching over needs would be present"

I am awaiting a double hip replacement and 2 knee replacements and have deformity in both hips and both knees but advised by consultant to wait 3 years for optimum results from surgery to be achieved.

Regards.

Ted

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8 years 4 months ago - 8 years 4 months ago #146439 by Gordon
Replied by Gordon on topic Tribunal
tedthered

I'm sorry but without a link to the documents you are talking about it's difficult to comment, if you think that this information helps your claim then you should consider sending it to the DWP Tribunal Service, I would do so sooner rather than later.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 4 months ago by Gordon.

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8 years 4 months ago #146452 by tedthered64
Replied by tedthered64 on topic Tribunal
Hi Gordon,

Its on this page under DWP resources A-Z medical conditions.
osteoarthritis

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

Thanks
Ted

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8 years 4 months ago #146453 by tedthered64
Replied by tedthered64 on topic Tribunal
Gordon.

Send to DWP or tribunal sevice?

Ted

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8 years 4 months ago #146468 by Gordon
Replied by Gordon on topic Tribunal

tedthered64 wrote: Hi Gordon,

Its on this page under DWP resources A-Z medical conditions.
osteoarthritis

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

Thanks
Ted


Your problem is that as far as we are aware, this document is not used for PIP, under DLA award length was decided by the DM, under PIP the recommendation is made by the assessor and as far as I know is always applied asis by the DM.

That doesn't mean that you can't reference the information, but you may need to argue the relevance to PIP.

Gordon

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

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