× Members

PIP Tribunal Adjourned

More
8 years 4 months ago #147736 by stonermc
PIP Tribunal Adjourned was created by stonermc
I am appealing not receiving the Daily Living component of PIP, but I received lower rate for Mobility.

Though very nervous I felt I had done everything I could to prepare for my PIP Tribunal, which took place on 8th January.

However, I was shocked that as we started the judge immediately stated that he/they did not feel that I met the criteria:

2. Moving around.
b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.

for which I had partly got my mobility. I did not find out how they came to this conclusion because it was then discussed what my options were.

1: To go ahead with the appeal and not only not get the Daily Living but lose my Mobility.
2: To adjourn the tribunal so I could seek further advice or evidence
3: To cancel the appeal and keep my Mobility.

The judge seemed not to be in favour of adjourning but gave me. my sister-in-law and the DWP rep to go and chat for 10 minutes. The DWP rep felt it was best, though he said he couldn't tell me or advise me directly, to adjourn the tribunal, and he would support it to the judge.

So we went back in and I asked for an adjournment and it was given. I have already been in touch with a local advocacy group to see if they can help.. I'm waiting to hear back and I'm seeing my doctor on Friday to see if he can help too. His form to Capita was more or less bare, which was very disappointing.

My main problem is with mental health but I am generally unfit and over-weight and I do have pains etc when walking. I do feel however, that I was given Mobility, as the cheaper option between that and Daily Living.

I am very curious as to how the judge etc came to the decision they did when they had not even met me.

Anyway, so I have to do more work and hopefully get through this.. I feel like giving up but i think that is what they want. I would rather have the Daily Living component than Mobility too. I'll be glad when this all behind me... for two or three years.

Please Log in or Create an account to join the conversation.

More
8 years 4 months ago #147754 by Gordon
Replied by Gordon on topic PIP Tribunal Adjourned
stonermc

The Judge is saying, based on the information in front of them, at the very least your PIP2 and evidence and the assessment report, that they believe you can reliably walk more than 200m on the majority of days. As a result of this, if you continue with the appeal that there is a good chance that they will remove the 4 points for the Moving Around activity and as a consequence your Mobility award.

The suggestion is that the evidence supporting your Mobility award is a lot weaker than you think it is or there is a fundamental issue with that has resulted in them coming to this conclusion.

We can't advise you in either direction as to whether you should continue or not, but you should take the warning seriously.

Gordon

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

Please Log in or Create an account to join the conversation.

More
8 years 2 months ago #151507 by stonermc
Replied by stonermc on topic PIP Tribunal Adjourned
Thanks Gordon.

I have till the 11th March to decide whether to give up or not. It has not been helped that I cannot find a local service that can help due to cuts in services and funding. I am meeting with the CAB on Tuesday, but I have to say in the last couple of years, the people who I have seen there, have not been very good.

It also has been made worse that my doctor will not write a letter in support. He's be saying that they don't listen to doctors, I've been advised otherwise and said so to him. He said he would do what whatever he could to help. I then asked for copies of referrals and a letter from him about my medical history. I got the referrals but the letter just said that as a GP he could not give advice on social security matters etc. He's let me down in the past and he's done it again. So I'll be changing doctors.

i even wrote to my MP saying there is no help for people appealing decisions like this in his constituency. He got back to me saying he's passed on my letter to IDS.. what good will that do?!

Can I just say.. Ack!! Thank you for allowing me to moan.

Please Log in or Create an account to join the conversation.

  • bro58
8 years 2 months ago - 8 years 2 months ago #151515 by bro58
Replied by bro58 on topic PIP Tribunal Adjourned

stonermc wrote: Thanks Gordon.

I have till the 11th March to decide whether to give up or not. It has not been helped that I cannot find a local service that can help due to cuts in services and funding. I am meeting with the CAB on Tuesday, but I have to say in the last couple of years, the people who I have seen there, have not been very good.

It also has been made worse that my doctor will not write a letter in support. He's be saying that they don't listen to doctors, I've been advised otherwise and said so to him. He said he would do what whatever he could to help. I then asked for copies of referrals and a letter from him about my medical history. I got the referrals but the letter just said that as a GP he could not give advice on social security matters etc. He's let me down in the past and he's done it again. So I'll be changing doctors.

i even wrote to my MP saying there is no help for people appealing decisions like this in his constituency. He got back to me saying he's passed on my letter to IDS.. what good will that do?!

Can I just say.. Ack!! Thank you for allowing me to moan.


Hi smc,

I am sorry to hear of this !!! :(

You could try some the potential sources of advice suggested in : This Topic !

Yes, it has become more an more difficult to obtain benefits advice/representation since our wonderful Government withdrew Legal Aid for benefits issues in England, except for appeals to The Upper Tier Tribunal !!

You could request copy of all your G.P. records and any records held by Hospital that you have been to or had tests at, but there is a charge :

Requesting your medical records

Charging for medical records

They cannot refuse to provide these and you do not have to give a reason for requesting them !!

What a load of "bunkum" from your G.P. , and a pure "cop out" !!

Tribunals often take notice of good supporting evidence from an Appellants G.P. !!!

Good luck !! :)

bro58
Last edit: 8 years 2 months ago by bro58.

Please Log in or Create an account to join the conversation.

More
8 years 2 months ago #151914 by stonermc
Replied by stonermc on topic PIP Tribunal Adjourned
Hi bro,

I have tried seeking legal advice but there's nobody available locally who does this sort of thing.. especially cheap. The local advocacy group are up to their ears and can't fit me in.. the CAB, which i went to again on Tuesday, are close to useless nowadays and of course do not go to tribunals anymore. Years ago I had such a brilliant caseworker but with the cuts, she's gone.

I have some medical records, which my doctor included with the useless letter but I've been told I need up to date evidence and to be honest this relies on my doctor keeping a decent record of my visits to him. I was going to try and see another doctor but she's not available till next week.

If I didn't have anything to lose, like my current mobility, I would go for it but I could lose the appeal and mobility. It's just too much of a chance.

I could smack IDS right in the cakehole! And my MP too! Shropshire sucks! :(

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.