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6 years 9 months ago #192312 by Jane52
The Bundle was created by Jane52
Have received the Bundle which has much of which I sent to DWP Many pages look as if they have writing on them but are so faint that cannot be read - should I address this - then there is the DWP account, which is in clear typing. There are some things in this which I consider to be incorrect. Do I wait until the hearing to address it, or is there another stage to the process. Not sure what next step is after receiving this Bundle. The report states that if my disability excludes me from being able to drive(which it does), this cannot be counted as something that may get in the way of interacting face to face with others, although it does as I cannot get to social events. I cannot interact socially when in my disability, as am not able to hear or speak; being in my disabled state is unpredictable, but not all the time. Could you advise on the face to face interaction please, and other points. The fact that I have no awareness, or am confused, but not all the time, seems to be the DWP's, rationale for dismissing that I need support and supervision, even though these states could occur at any time, Any thoughts on how to argue this at a tribunal would be helpful. I also live alone.
Many thanks
Jane
Many thanks
Jane
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6 years 9 months ago #192340 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic The Bundle
Jane
Now that you have received the DWP's submission you can now prepare your own and send it to the DWP, if you do produce a submission then it has to be with the Tribunal Service no later than seven days before your hearing.
You need to show that you meet the criteria for an award, so make sure you understand the criteria that you need to meet. You need to be able to complete the PIP activities "reliably" and on "the majority of days", these terms are explained in the PIP Claim guide.
The Mixing with others activity is about the problems you would have in a social situation, it does not take account of any problems that prevent you being in a social situation such as any physical problems you might have in getting to an event.
From your previous posts some of your problems have been down to your meeting the majority of days rule, as I mentioned before there is new guidance about this, that suggests that it is not the number of days where there is an actual occurrence of an issue that should be considered, but the number of days where there is a reasonable risk of occurrence. See the PIP Claim guide; Safety and supervision for more details.
Gordon
Now that you have received the DWP's submission you can now prepare your own and send it to the DWP, if you do produce a submission then it has to be with the Tribunal Service no later than seven days before your hearing.
You need to show that you meet the criteria for an award, so make sure you understand the criteria that you need to meet. You need to be able to complete the PIP activities "reliably" and on "the majority of days", these terms are explained in the PIP Claim guide.
The Mixing with others activity is about the problems you would have in a social situation, it does not take account of any problems that prevent you being in a social situation such as any physical problems you might have in getting to an event.
From your previous posts some of your problems have been down to your meeting the majority of days rule, as I mentioned before there is new guidance about this, that suggests that it is not the number of days where there is an actual occurrence of an issue that should be considered, but the number of days where there is a reasonable risk of occurrence. See the PIP Claim guide; Safety and supervision for more details.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 9 months ago #192388 by Jane52
Replied by Jane52 on topic The Bundle
Thank you for reply. I do need to ensure I am understanding the criteria I need to meet correctly for each activity - thank you for clarifying the "mixing with others" - what applies and what does not. My main argument is from the premise of safety and supervision and I have already sent a brief outline of this to the Tribunal, with copies of new ruling, asking for my case to be considered from this premise, giving brief examples of difficulties I have under different headings. Can impact on working life be used as an argument e.g. loss of work, loss of income, or is this not relevent? I can injure myself in my disability doing nothing too, or making a phone call, which does not come under any of the headings. I have already sent this in brief outline to Tribunal, with hospital notes. Is this enough?
Many thanks
Jane
Many thanks
Jane
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6 years 9 months ago #192399 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic The Bundle
Jane
Concentrate on showing you meet the criteria to score points, this is the only way to an award.
Problems with your working may be supportive of the difficulties you have in completing the PIP activities, but it is only your problems with those activities that will be considered.
Only you can decide whether the information you have sent is sufficient or not. The only view I have of your problems is what you post!
Gordon
Gordon
Concentrate on showing you meet the criteria to score points, this is the only way to an award.
Problems with your working may be supportive of the difficulties you have in completing the PIP activities, but it is only your problems with those activities that will be considered.
Only you can decide whether the information you have sent is sufficient or not. The only view I have of your problems is what you post!
Gordon
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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