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Going to tribunal for PIP
- janegoodman@hotmail.co.uk
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6 years 2 months ago #215472 by janegoodman@hotmail.co.uk
Going to tribunal for PIP was created by janegoodman@hotmail.co.uk
Hi, I was receiving enhanced rate for daily living & mobility components of pip. I completed claimant questionaire. Capita sent an assessor who left out vital information & fabricated answers leading to the wrong descriptors being ticked. I believe the DWP were misled by capita's report. I was awarded 10 points for moving around and 6 points for daily living. We asked the DWP to look again at their decision having obtained medical evidence of how my csf affects my daily living & mobility from my doctor, who knows me. My GP supported my claim for PIP also confirming that I had indeed deteriorated over the last few years. This letter of evidence was acknowledged of being received by the DWP but not mentioned otherwise. The DWP solely gave their mandatory reconsideration only using capita's incorrect report. We are going to appeal to the tribunal so do you have any advice please. Should we question the whole of capita's report or just two or three descriptors that are incorrect for the daily living plus the planning a journey component of the mobility award.
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- Gordon
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6 years 2 months ago #215483 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Going to tribunal for PIP
J
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Dealing with the issues in the report can be important but you will only reinstate your previous award by showing that you meet the criteria for it. Have a look at the following
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
I would concentrate on going back through your claim form, our PIP Claim guide and the assessment report to make sure that you have shown you meet the legally defined Descriptors. Remember you need to complete each of the PIP activities, reliably and on the majority of days.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Dealing with the issues in the report can be important but you will only reinstate your previous award by showing that you meet the criteria for it. Have a look at the following
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
I would concentrate on going back through your claim form, our PIP Claim guide and the assessment report to make sure that you have shown you meet the legally defined Descriptors. Remember you need to complete each of the PIP activities, reliably and on the majority of days.
The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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