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PIP Adjournment

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8 years 3 weeks ago #157142 by Peawack
Replied by Peawack on topic PIP Adjournment
We go to the adjourned PIP tribunal armed with much more evidence than we had for the medical. We have had an acknowledgement that the new evidence has been recieved. Our challenge to the nil points decision would have been the poor quality of the medical assessment where we felt the evidence was not properly collected. The HP hurried through the medical typing slowly, offering little or no eye contact and repeatedly saying that she had no bearing on the decision. Hers was a 'Nothing to do with me,Guv' attitude. This was very disconcerting as it gave us the impression that our contribution was not being taken seriously enough. We were not given any chance to qualify answers to questions, and given no response time. The decision now is whether to rely on the new evidence or pursue this line of challenge as well. Grateful for any advice.

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8 years 3 weeks ago #157157 by Gordon
Replied by Gordon on topic PIP Adjournment

Peter wrote: We go to the adjourned PIP tribunal armed with much more evidence than we had for the medical. We have had an acknowledgement that the new evidence has been recieved. Our challenge to the nil points decision would have been the poor quality of the medical assessment where we felt the evidence was not properly collected. The HP hurried through the medical typing slowly, offering little or no eye contact and repeatedly saying that she had no bearing on the decision. Hers was a 'Nothing to do with me,Guv' attitude. This was very disconcerting as it gave us the impression that our contribution was not being taken seriously enough. We were not given any chance to qualify answers to questions, and given no response time. The decision now is whether to rely on the new evidence or pursue this line of challenge as well. Grateful for any advice.


You will only receive an award if you can show that you meet the criteria for one, arguing the quality of the report is very unlikely to achieve this, you are also reliant on the panel agreeing with you, they may not!

Gordon

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

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8 years 3 weeks ago #157166 by Peawack
Replied by Peawack on topic PIP Adjournment
Thanks Gordon.
I am assuming that we do have a case but I am a bit confused as to why we cannot improve our chances by casting doubt the reliability of the medical. Are you saying that if the evidence is compelling enough then we dont need to ?

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8 years 3 weeks ago #157169 by Gordon
Replied by Gordon on topic PIP Adjournment

Peter wrote: Thanks Gordon.
I am assuming that we do have a case but I am a bit confused as to why we cannot improve our chances by casting doubt the reliability of the medical. Are you saying that if the evidence is compelling enough then we dont need to ?


I'm not saying that you should not raise issues about the assessment and report, but doing so will not result in an award, there is no presumption that you meet the criteria for an award, so at best all you are showing is that their reasons for denying points is flawed, not that your reasons for scoring them are correct.

A poor analogy would be to say that this is not a case of innocent until proven guilty, the panel will not consider you innocent or guilty, it is down to you to prove the former.

Gordon

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

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8 years 3 weeks ago #157171 by Peawack
Replied by Peawack on topic PIP Adjournment
Thanks again. Bumping against the walls of a corridor but getting there, nonetheless ! The advice here is invaluable.

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8 years 2 weeks ago #157379 by Peawack
Replied by Peawack on topic PIP Adjournment
Success ! We got Daily Living Enhanced Rate. Fantastic !!
Thanks to everyone on Benefits & Work website.
So grateful

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