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5 years 1 month ago #237626 by Craftyfran
PIP Appeal was created by Craftyfran
Hi, I have recently supported my daughter in winning her ESA back at tribunal stage and one thing came across clearly to us, a lack of medical evidence doesn't help. She has physical disabilities for which she received several diagnosis as a child and teenager but is now in her 30's. Like a lot of other people out there once a diagnosis has been made you are often left just to get on with it. She actually won the appeal on her social anxiety, engaging face to face which funny enough has never had a formal diagnosis for. So a few questions and would really appreciate any advice. We are now appealing the PIP decision which went to mandatory reconsideration stage and was turned down. We are going to look at seeing if she can get some up to date input from medical services although we appreciate that may take time. When she was awarded PIP last time it was on engaging face to face. They have removed this this time and are going purely on how she came across in her assessment. Now I remember reading something I think on this site which stated that there was a ruling made that they cannot just go by how a person comes across in an assessment as that person has no choice but to attend and comply. It stated that they should be looking at other aspects of how the person copes with engaging and the struggles they may have. We outlined this during the assessment but it seems to have been swept aside. Also I am sure that I read that they cannot take points scored at a previous assessment off you unless they can show good reason as to why, show what has changed. nothing has changed regarding her social anxiety and they have simply gone along with the assessors reasoning. We pointed out that in the initial report the assessor had wrote things which were incorrect and that we could prove were incorrect.For example the assessor noted that my daughter has normal spinal curves, we were able to produce two copies of scan reports detailing that she does not that were taken in 2014, so okay not that recent but the condition she has means that her spine is in a fixed wedged shape which cannot be straightened unless surgery is performed. Again they don't appear to have even addressed this. The assessor also put that during the assessment my daughter was able to crouch down to the floor and stand up again without support. This is untrue. My daughter was unable to do that activity and told her she couldn't. Part of the skeletal problems she has means that it is physically impossible for her to do that. Now our evidence was to submit one of her medical records which is from when she was younger and clearly states the reasons why she wouldn't be able to do that. So my questions are, how do you go on if you have not had recent input with medical authorities. Also the assessor did not award her any points for equipment that she was given following an Occupational Therapy assessment and that she stated in the interview she uses, again in the mandatory reconsideration they haven't addressed this. Finally can someone point me in the direction of the downloads to help win appeals as I can't seem to find how to access them on here. Many thanks in advance for any help with this.

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5 years 1 month ago #237629 by Gordon
Replied by Gordon on topic PIP Appeal
Craftyfran

For future posts, it would help if you break your text up, it is very difficult to pick out your questions from such a large block of text. :(

Our PIP appeal information is in the PIP area

www.benefitsandwork.co.uk/help-for-claimants/pip

Yes, there is a UTT Decision that Mixing with Other People needs to be in a social situation not an assessment, however, that does not mean that those who assessed her cannot extrapolate how she was in the assessment to a social one, so this is not a "killer" ruling and you will need to explain in detail the problems she has with this activity and why she has them.

I would not say that the DWP cannot remove points from an existing award without explanation, they can it but there is a duty on the Tribunal panel to understand why and decide whether it is reasonable.

It's perfectly OK for you to pick out errors in the assessment report but I recommend that you only do this in reference to the PIP activities, so you mention your daughter's spine is not normally shaped, how does this relate to the activities that she was assessed against? Maybe it does but don't assume that the panel will make the leap, spell it out to them in your submission.

Old evidence is not a problem if you can show that it is still relevant to her conditions as they are now, again as an example; her spinal problems which you say can only be corrected by surgery.

Be careful of sourcing new evidence, the panel can legally only look at her problems as they were at the time of the Decision so you need to ensure that any new reports make it clear that they apply to this time as well as the present.

If I have missed any questions then please repost and we will do our best to answer.

Gordon

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

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5 years 1 month ago #237631 by Craftyfran
Replied by Craftyfran on topic PIP Appeal
Thanks Gordon for that. An yes, apologies will bullet it next time. Just got carried away.
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