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Pip Tribunal if absent

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5 years 8 months ago #216784 by Jb
Replied by Jb on topic Pip Tribunal if absent
Hi, further to my last post, I telephoned the Tribunal Service again to see if they had got the extra information including letter asking for a paper review instead. They had the paperwork and had sent back out a copy to me but they had still not put it down as me not attending. The lady said she could do it then but as I requested it a week ago, I thought it would look worse on me putting a later date. She then still insisted that you don't get notified of any existing award in jeopardy. She was adamant it's just taken away. When asking if she could check with someone, she came back after her Team Leader said pretty much the same thing! Only he said they can just adjourn and request you be there 'sometimes'. Now I'm in a quandary as if they are the Tribunal Service, they must know what they're talking about surely. Do I pull out completely instead of take a chance. The reason for appealing was for the mobility part, so im not sure what happens if I withdraw now. No idea if the Leap Project would still look at it and they've said they wouldnt take any existing award, if I read it correctly..

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5 years 8 months ago #216803 by Gordon
Replied by Gordon on topic Pip Tribunal if absent
Jb

I can't tell you what to do, it's your appeal and only you can decide on what to do.

Did you lose any points at the MR? Are you happy that what you have scored is reasonable?

Lastly, do you think your appeal will result in the Mobility award you want? Do you understand the criteria and have you shown that you meet it?

Gordon

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5 years 8 months ago #216816 by Jb
Replied by Jb on topic Pip Tribunal if absent
No, I understand that thanks.. you can't tell me what to do. I'm just confused over the different information they gave me. If any existing award (this would be daily care) was safe, as it were, like you said, I would continue with the appeal, especially after the amount of stress involved in it. However, they have told me twice now, plus info from a Team Leader that like an MR, they will look at the whole award again (not just the mobility) and will not warn first, simply take it away if that's what they decide. Therefore I'm totally confused as to which advice/information to go by!!

I did not lose points at the MR. I had 2 MR's in fact as they went ahead without waiting for additional info the first time and their original decision remained the same both times.

As to whether I think the appeal would result in the mobility award I want, I have absolutely honest to be with you! That has been most of the problem.. I would be happy with the lower award but was only given 4 points on assessment, saying I needed prompting. That, I know, is inaccurate/extremely understated as I suffer from Agrophobia and need far more than prompting. I do not feel comfortable going out, especially alone and avoid it all costs for the most part. However, I have struggled continually to understand the difference between following and planning journeys etc and where you say if one applies, then the other cannot..

No matter how many times I read it, I was at a loss as to how to put it into words regarding my situation. I had put that on the rare occasions a friend could not take me to appts (he submitted a statement confirming this), I would either be discharged for non attendance or on rare occasions, attended by taxi to take me. They did not however consider that the cab was following the route or I was attending alone. They said something about the majority of time I think.. I guess 'for the most part' does not mean the same as majority of time in their terminology, so maybe they will only accept things written in a particular way. I just don't know..

A family friend who had been trying to help was also stumped, so I just wrote a muddled up mess, I think! To be honest, I did not submit any further statements for the appeal, as I just could not think of what else I could possibly write to explain myself, that I had not already put.

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5 years 8 months ago #216822 by Gordon
Replied by Gordon on topic Pip Tribunal if absent
Jb

If you cannot attend the hearing then you are reliant on what you have submitted in writing for the appeal, you seem unsure that this will be sufficient for an award.


Gordon

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5 years 8 months ago #216826 by Jb
Replied by Jb on topic Pip Tribunal if absent
Well yes, I am unsure that I have 'phrased it' in the correct way or have muddied the waters between different descriptors in the going out category but to be honest I am most unsure of the different information I have been given on jeopardy of existing awards (no offence). I am very grateful for your help but you said one thing and the Tribunal service have said something else. I guess I was also hoping that you could say in your opinion whether you thought I had a chance or not regarding the mobility, seeing as it's had changes following the court case and news re: reviews. Thanks

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5 years 8 months ago #216828 by Gordon
Replied by Gordon on topic Pip Tribunal if absent
Jb

A couple of things.

First, I can only re-state my understanding of the rules under which a Tribunal is convened, you could ask the Tribunal Staff why they think that paragraph 61A of the Bench Book does not apply to a Paper hearing.

As to you meeting the Mobility criteria, by your own posting, you cannot Undertake a Journey, the changes to the Mobility Descriptors were in regard to a claimant Following a Route and so do not affect you.

Can you show that you

Cannot undertake any journey because it would cause overwhelming psychological distress

the phrase "overwhelming psychological distress" is critical, phrases using words such as anxiety, however qualified are unlikely to be seen as sufficient.

Gordon

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