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PIP Failure
- Geraldine
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8 years 2 weeks ago #155864 by Geraldine
PIP Failure was created by Geraldine
Have had ME/CFS since 1984 & have received DLA for 30 years. Filled in PIP form last summer and submitted the form and supporting letters/reports from3 consultants and a physio all confirming my disability and my limitations. Had to go for medical assessment which was carried out by an 'expert' assessor (would you believe a paramedic!) and he basically accused me and all my doctors as lying about my illness and so refused my claim. With my ex-husband, we prepared a detailed account of the inaccuracies and downright falsehoods of his report and sent this together with more medical evidence to the tribunal for an appeal. The appeal was scheduled for February and I got myself really wound up, but after waiting for 1/2 hour outside the tribunal the magistrate said that she was cancelling the tribunal because the doctor was delayed. VERY frustrated and angry! Received another date for tribunal on 31st March, all 3 members of the tribunal didn't understand how ME/CFS affects people and they didn't even look at the evidence. Guess what.....I was refused again! Even though I had to use a wheelchair to get into the tribunal and despite the facet that my consultant specifically said in his report that I could only walk 25m on a good day, the tribunal said that I can walk up to 200m. They also said that I could prepare a meal, but all I can do is put a shop bought meal in the microwave. I'm waiting for them to send me a Statement of Reasons and a record of the tribunal & hopefully they will allow me to appeal to the Upper Tribunal, but I'm not hopeful.
By the way, as a family we've always voted Tory - not any more!
By the way, as a family we've always voted Tory - not any more!
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- Gordon
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8 years 2 weeks ago #155881 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Failure
Geraldine
I'm sorry to hear that your Tribunal was unsuccessful
You have two options moving forward
You can challenge the Tribunal Decision on the basis that there has been an Error of Law , but not because you disagree with the Decision. I see that you have already started this process by requesting the Statement of Reasons from the Judge.
And/or you can make a new claim from scratch, you need to be aware that any Decision from a new claim will supersede any revised Decision that a Tribunal might make.
In theory it should be easier to receive an award for a fluctuating condition under PIP than it was under DLA, but you will need to go into detail about your "reliably" completing the PIP activities and also explain what you can do on the "majority of days".
Gordon
I'm sorry to hear that your Tribunal was unsuccessful
You have two options moving forward
You can challenge the Tribunal Decision on the basis that there has been an Error of Law , but not because you disagree with the Decision. I see that you have already started this process by requesting the Statement of Reasons from the Judge.
And/or you can make a new claim from scratch, you need to be aware that any Decision from a new claim will supersede any revised Decision that a Tribunal might make.
In theory it should be easier to receive an award for a fluctuating condition under PIP than it was under DLA, but you will need to go into detail about your "reliably" completing the PIP activities and also explain what you can do on the "majority of days".
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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