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5 years 1 month ago #227773 by scouse
Replied by scouse on topic Brown envelope
Hi guys I have my Tribunal Appeal due a week on Monday and need some urgent Advice i am preparing a statment to hand into the tribunal I have found a few things in the assesors report that i can dispute with regard to the reduced award and a few things i told the assesor that she has not put in the report totally egnoring what i said ...She mentions several times that because i have not had a recent blackout that i am Low Risk although my condition has not improved or changed my previous DLA award was for Safety andSupervision because of the unpredictable arrhythmias i have ...She says i am not dazed or confused when i have a blackout which is not what i told her ...I even wrote it down twice in my pip application that my last episode of Ventricular Tachicardia left me very dazed and confused after my ICD delivered a shock and brought me round I dont know why she failed to mention this in the report ...Now i have found some caselaw that was reported here on B&W in March 2017 that may be applicable to me I just need a little Advice
1 / if it could apply as its regarding Safety and if so
2/ how would i point the way to the caselaw I do not have an Adviser to represent me thanks in advance for any help advice anyone can give .

www.benefitsandwork.co.uk/news/3611-safe...-many-more-claimants

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5 years 1 month ago #227793 by Gordon
Replied by Gordon on topic Brown envelope
scouse

You have left this incredibly late, there is a chance that this statement will not be accepted by the panel or that your hearing will be adjourned to a later date.

Your best hope is to keep it short, as a guide a single side of A4.

1. You have nothing to lose by making the argument but you will need to cover the bases, so safely is the result of the risk of harm and the level of harm that might result. What's not clear from your latest post is how often you have these arrhythmias and whether there are events or situations which may increase the risk.

2. Just quote the Tribunal reference number in your statement and if there are any short quotations you want to include. You don't need to include a copy of the judgement they will source this themselves if they think it is relevant.

Even though you are thinking of doing this don't lose track of the fact that you must still meet the PIP Descriptors in other areas to score.

Gordon

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

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5 years 1 month ago #227818 by scouse
Replied by scouse on topic Brown envelope
Hi Gordon thanks for your swift reply yes I have left this late I had help to fill my MR and appeal in from CAB then 2 weeks ago when i got my tribunal date i contacted them to see if they had anyone available to help and they said sorry too busy but gave a couple of numbers to try one was Raise who asked where i lived and when i told them who my housing association was they said sorry we dont support their tenants as they stopped funding us ( sounds like discrimination to me ) so i tried my housing association who have a welfere help group they also said sorry because I went to CAB first and not them if I had gone to them first they could have helped so tried a few others and got sorry we are too busy ...so i am resigned to do it myself and fight my corner but am very greatful for any help i can get .The arrhythmias or blackouts are sporadic I still get palputations associated with my AF pretty regular a few times a week i am on high dose of warfarin as well as a lot of other medications for HF ,angina , type 2 diebeaties and other conditions but the risk of V fib or V tach is still there my Heart Failure is progressive so i am arguing the risk is still there and the harm it could cause if i blacked out while trying to prepare and cook a meal hot pan naked flame fall cut my head and bleeding out ....and also plannining and making a journey on my own if i blacked out on a road or kerb side and fell into traffic I would need supervision to do these ...so it was just advice on how to word and fit it on one piece of paper to keep it as short as possible but make the point if you know what i mean ...also how are the tribunal normally addressed do you call them sir.madam your honour may sound silly but thought i should know .

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5 years 1 month ago - 5 years 1 month ago #227832 by Gordon
Replied by Gordon on topic Brown envelope
scouse

Address the members of the [anel as sir or madame there shouldn;t be any need to call then "your honour".

I would guess you need to cover three things;

- The risk of an arrhythmia and the harm it could specifically do to you
- The harm that might suffer if it happened when carrying out the PIP activities.
- Any other limitations that affect your ability to complete the PIP activities reliably on the majority of days.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 month ago by Gordon.

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5 years 1 month ago #227848 by scouse
Replied by scouse on topic Brown envelope
Thanks again Gordon for your help i will concentrate on what you have suggested the assessor is recognising that there is a risk albeit a low risk in her oppinion so seems i need to show how my Heart failure is progressive and that abilatiion or cardioversion has been ruled out to improve my AF because of the condition of my heart thats why the ICD was fitted because of life threatening arrhythmias and the risk is not as low as she implies in her report ...thanks again for your help .

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5 years 1 month ago #228203 by scouse
Replied by scouse on topic Brown envelope
Hi guys a big thankyou to B&W for the guides and a big thanks to Gordon for your advice had my tribunal today and went partially in my favour mobility increased to enhanced rate and extra 2 points added to care but still 2 short of enhanced entitlement and award increased fron 2-5 yrs ...it was a stressful experience ...really the whole transfer over from dla has been stressful but if you think the decission you get is wrong it is worth challenging it and the guides on here help explain every step to do that . I fell by the wayside a little leaving some things late I think I got a little fed up with it all ( a bit like Brexit ) but glad i stuck with it ...thanks again to all .

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