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when to question decision?
- Gordon
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7 years 5 months ago #175504 by Gordon
It is quite rare for a Tribunal to have issues with any current award and they are obliged to warn the claimant if they believe that there is a risk to a current award, so that the claimant has an opportunity to withdraw their appeal.
You can have a look at the following if you have not already done so.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
MOJ Video of ESA Appeals Process and Tribunal
The video is for ESA which has a two member panel whereas PIP has three members, but the process are not dissimilar.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic when to question decision?
walker wrote: oh dear
on reading threads from other people
I am now scared they will just try to take away my current award
my head is arguing so much its making me spin
- navigate - follow - prompt - da da da da
if there is anyone else out there with tribunal tips, please I would be very grateful
although I know each of our cases is different
It is quite rare for a Tribunal to have issues with any current award and they are obliged to warn the claimant if they believe that there is a risk to a current award, so that the claimant has an opportunity to withdraw their appeal.
You can have a look at the following if you have not already done so.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
MOJ Video of ESA Appeals Process and Tribunal
The video is for ESA which has a two member panel whereas PIP has three members, but the process are not dissimilar.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- keeptrying
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7 years 5 months ago #175601 by keeptrying
Replied by keeptrying on topic when to question decision?
well I am dreading tomorrow
I am trying to type up some notes for me to remind me of things like what happens when I panic/anxiety
what good/med/bad days are like
what happens re. journeys
I took your advice and got my usual driver to arrange for someone else to take me so I hope they turn up or I will freak out
I am hyper, rocking, and bingeing just to contain my 'head'
earlier someone I know was saying how dreadful the situation was - even stopping support for quadriplegics
that has done my head is as now I just feel like a totally bad person who has no right to any support at all
I am trying to type up some notes for me to remind me of things like what happens when I panic/anxiety
what good/med/bad days are like
what happens re. journeys
I took your advice and got my usual driver to arrange for someone else to take me so I hope they turn up or I will freak out
I am hyper, rocking, and bingeing just to contain my 'head'
earlier someone I know was saying how dreadful the situation was - even stopping support for quadriplegics
that has done my head is as now I just feel like a totally bad person who has no right to any support at all
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- keeptrying
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7 years 5 months ago #175613 by keeptrying
Replied by keeptrying on topic when to question decision?
well, having spent and still spending, hours making notes to try and remember things tomorrow
I have been reading through the dwp guidance on the going out descriptors
I may as well just not bother turning up tomorrow
because all they will do is take away the few points (no award) that I do have
the REGULATIONS that say where one or more descriptor applies for over 50% of the time take the higher one -
don't seem to be included in the GUIDANCE to HP's
for example they say if someone can spend a few minutes picking up a child from school each day - then they are descriptor a) - even if the rest of the time they go nowhere (not my situation)
which is quite honestly absurd
and if that is the line the tribunal take
then I 'surrender'
they seem to use the tactic that if one descriptor applies for over 50% of the time, then disregard any higher point descriptors, even if they apply just as frequently
oh I feel so rubbish
this is such a waste of time and unnecessary stress and money
what a big big big mistake this was
I have been reading through the dwp guidance on the going out descriptors
I may as well just not bother turning up tomorrow
because all they will do is take away the few points (no award) that I do have
the REGULATIONS that say where one or more descriptor applies for over 50% of the time take the higher one -
don't seem to be included in the GUIDANCE to HP's
for example they say if someone can spend a few minutes picking up a child from school each day - then they are descriptor a) - even if the rest of the time they go nowhere (not my situation)
which is quite honestly absurd
and if that is the line the tribunal take
then I 'surrender'
they seem to use the tactic that if one descriptor applies for over 50% of the time, then disregard any higher point descriptors, even if they apply just as frequently
oh I feel so rubbish
this is such a waste of time and unnecessary stress and money
what a big big big mistake this was
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- slugsta
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7 years 5 months ago #175646 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic when to question decision?
Hi Walker,
If you possibly can, I think you should go and let the assessor/DWP make the decision.
If you possibly can, I think you should go and let the assessor/DWP make the decision.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: keeptrying
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