- Posts: 13
× Members
Personal Statement?
- Lucy19
- Topic Author
- Offline
Less More
7 years 6 months ago #171980 by Lucy19
Personal Statement? was created by Lucy19
Hi all.
So exactly one year after receiving my invite for PIP I have my appeal date - next week!
I'm absolutely terrified. I think after so long of dealing with ATOS and the DWP I'm convinced I've lost.
I've decided to write a letter for the appeal, almost like a personal statement which states how I was diagnosed with my illness, how it affects me and how I've ended up with various conditions with the DWP and ATOS claim aren't documented. Has anybody else had this approach, has it helped at all? My CAB advisor thinks this is a good idea.
In his letter regarding the appeal he's said I should receive standard rate mobility as I can walk more than 20 metres but no further - I couldn't do this more than once in a day and would take me much longer than anyone else. He hasn't advised how I can't and won't go out without a person to support me. Surely this means I'd be entitled to higher rate? Would that be something I should put in my letter, that I think I'm entitled to higher rate?
Thank you
So exactly one year after receiving my invite for PIP I have my appeal date - next week!
I'm absolutely terrified. I think after so long of dealing with ATOS and the DWP I'm convinced I've lost.
I've decided to write a letter for the appeal, almost like a personal statement which states how I was diagnosed with my illness, how it affects me and how I've ended up with various conditions with the DWP and ATOS claim aren't documented. Has anybody else had this approach, has it helped at all? My CAB advisor thinks this is a good idea.
In his letter regarding the appeal he's said I should receive standard rate mobility as I can walk more than 20 metres but no further - I couldn't do this more than once in a day and would take me much longer than anyone else. He hasn't advised how I can't and won't go out without a person to support me. Surely this means I'd be entitled to higher rate? Would that be something I should put in my letter, that I think I'm entitled to higher rate?
Thank you
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 6 months ago #171995 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Personal Statement?
Lucy
At the risk of scaring you more, this really should have been done some time ago (note to CAB!), you may now be limited to a single side of A4, more and you risk your appeal being adjourned due to the Tribunal Service being unable to circulate your evidence to all parties in time for the hearing.
Although a personal statement is a good thing to include, you will only receive an award by showing that you meet the criteria for one, so this should be your priority. So if you can only 20m-50m once a day then you need to explain why this is the case and what happens if you try to walk further or how you would handle walking more than once a day.
To score for being unable to go out you need to show that you would suffer "overwhelming psychological distress", have a look at the PIP Claim guide for more information.
You need to get this document to the TS as quickly as possible, make sure that you take at least six copies with you to the hearing in case it has not arrived by post.
Gordon
At the risk of scaring you more, this really should have been done some time ago (note to CAB!), you may now be limited to a single side of A4, more and you risk your appeal being adjourned due to the Tribunal Service being unable to circulate your evidence to all parties in time for the hearing.
Although a personal statement is a good thing to include, you will only receive an award by showing that you meet the criteria for one, so this should be your priority. So if you can only 20m-50m once a day then you need to explain why this is the case and what happens if you try to walk further or how you would handle walking more than once a day.
To score for being unable to go out you need to show that you would suffer "overwhelming psychological distress", have a look at the PIP Claim guide for more information.
You need to get this document to the TS as quickly as possible, make sure that you take at least six copies with you to the hearing in case it has not arrived by post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Lucy19
- Topic Author
- Offline
Less More
- Posts: 13
7 years 5 months ago #172140 by Lucy19
Replied by Lucy19 on topic Personal Statement?
Thank you, Gordon.
I met with the CAB after receiving my appeal bundle and it was only then I asked about a personal statement to which he said it would be a good idea - it had never been mentioned before. The reason I thought of doing it was because I felt like the background of my condition had been ignored by the DWP and Atos and I was worried I wouldn't get the chance to talk about the history as I've been advised that they're only interested in how the condition affected me at the time of application for PIP.
I'm taking my Mum with me to my appeal, she's going to come in with me and help me through it. My brother is driving me there and my boyfriend is coming to support me also. I'm so thankful to have a good support system around me.
I met with the CAB after receiving my appeal bundle and it was only then I asked about a personal statement to which he said it would be a good idea - it had never been mentioned before. The reason I thought of doing it was because I felt like the background of my condition had been ignored by the DWP and Atos and I was worried I wouldn't get the chance to talk about the history as I've been advised that they're only interested in how the condition affected me at the time of application for PIP.
I'm taking my Mum with me to my appeal, she's going to come in with me and help me through it. My brother is driving me there and my boyfriend is coming to support me also. I'm so thankful to have a good support system around me.
Please Log in or Create an account to join the conversation.
- Lucy19
- Topic Author
- Offline
Less More
- Posts: 13
7 years 5 months ago #172631 by Lucy19
Replied by Lucy19 on topic Personal Statement?
I had my tribunal today. I think it's safe to say it wasn't a success.
They basically tried to trip me up over every answer I gave. I stated I couldn't and wouldn't cook a meal by myself in my application. They asked "if you were at home by yourself what would you cook" I explained it wouldn't happen, so she continued "yes, but if you were... what would you cook?" I explained again that it wouldn't happen ... "yes, but if it did and you were hungry, what would you make?" All questions were like this. At this point, about 15 minutes in - I got up and told them I couldn't continue. Reducing me to tears because it felt like they already didn't believe me, or they were trying to build a picture of me skipping around at home throwing together meals just for the fun of it.
They basically tried to trip me up over every answer I gave. I stated I couldn't and wouldn't cook a meal by myself in my application. They asked "if you were at home by yourself what would you cook" I explained it wouldn't happen, so she continued "yes, but if you were... what would you cook?" I explained again that it wouldn't happen ... "yes, but if it did and you were hungry, what would you make?" All questions were like this. At this point, about 15 minutes in - I got up and told them I couldn't continue. Reducing me to tears because it felt like they already didn't believe me, or they were trying to build a picture of me skipping around at home throwing together meals just for the fun of it.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51076
7 years 5 months ago #172650 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Personal Statement?
Lucy
You'll have to wait and see whether a Decision has been made or whether the hearing was adjourned and a new one will be arranged.
I'm afraid these questions are fairly standard for a Tribunal, their questioning needs to be robust but they weren't trying to trip you up, just understand how you are limited by your conditions. For example you say you do not cook, they can't consider this, they can only look at what you cannot do, it may be that you do not cook because you cannot mange to do so, but unless you explain that to them they cannot know this for certain.
Gordon
You'll have to wait and see whether a Decision has been made or whether the hearing was adjourned and a new one will be arranged.
I'm afraid these questions are fairly standard for a Tribunal, their questioning needs to be robust but they weren't trying to trip you up, just understand how you are limited by your conditions. For example you say you do not cook, they can't consider this, they can only look at what you cannot do, it may be that you do not cook because you cannot mange to do so, but unless you explain that to them they cannot know this for certain.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris