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DWP Phone Call Before Tribunal - PIP

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4 years 7 months ago #251580 by ravenmiss
Replied by ravenmiss on topic DWP Phone Call Before Tribunal - PIP
This is what worries me Gordon. I don't want to repeat myself and I don't want to pick at things that have little to no bearing either as it just muddies the waters.

So far I have made my original appeal. I haven't added anything else or replied to anything.

Overall my main concerns are them saying I'm on low-dose when I'm not, saying I have not been diagnosed with a cognitive impairment when I have and the whole CA issue.

However, keeping it simple and going by what even they ask the tribunal to take into account saying "low dose" "no cognitive impairment" and briefly mentioning my CA do not explain how my conditions impact my life and my ability to carry out the PIP activities. This being something they ask the tribunal to take into account twice in their appeal report.

The CA thing has really really thrown me and I'm now worried I'll lose all my PIP and the CA and be up poop creek with a large overpayment :/

The eligibility information for CA on the gov website is very very vague, such as "This can be any care you provide in person" "You need to spend at least 35 hours a week caring for someone." Examples are given such as shopping, travel, housework, washing, accompanying to appts but they are just examples and not requirements.

Some organisations (CAB, Carer's UK etc) give more info such as:

"time you spend ‘keeping an eye’ on the person, eg preventing them coming to harm by walking out of the house"
"‘keeping an eye’ on them to prevent harm."
" keeping an eye on them"

A lot of the care I provide is keeping an eye on them, monitoring and prevention.

I feel my best course of action would be:

Gain a letter from my GP explaining that I have suffered from cognitive issues for the past 8 years (had many GP appts regarding this) and that I've been advised to do physio exercises at home for several years for my fibro/joint issues.

Address the CA issue...maybe?

As for the rest, I'll summarise it for the actual hearing for my own notes to refer to and have appropriate replies ready if required.

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4 years 7 months ago #251608 by BIS
Replied by BIS on topic DWP Phone Call Before Tribunal - PIP
Hi Wockie

As Gordon says a Tribunal Panel will not necessarily put the same weight on particular questions as the assessor did. You just need to be prepared for the CA question and be ready to say if someone asks what happens if you're too ill to watch the family member. The tribunal panel might not go there, but if they do you'll have your answer ready.

You can argue about the dosage of the medication. You should have a doctor on the panel who may agree or disagree with you.

You'd be wise to get a letter from your doctor if they agree to it. If there's anything specific you want to be included - try and nudge them in the right direction regarding the Cognitive Dysfunction against the specific PIP criteria.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 6 months ago #251735 by ravenmiss
Replied by ravenmiss on topic DWP Phone Call Before Tribunal - PIP
Hello BIS

Sorry for the late reply, I have tried going over things several times in the past week but had such bad brain fog I've not been able to work on it.

Thank you for your confirmation and comments. I feel I have a good plan in my mind of what I'm going to do now.

Are there any sample letters/templates for asking a GP for a supporting letter other than the one with just the descriptors? I don't feel that one is right for this situation. I am mainly just wanting to ask them to confirm my cognition and social anxiety issues.

I know that at tribunal stage you do not have to include the requesting letter but to take a copy with you to the hearing. As it's possible my hearing may be over the phone, how does this now work?

I am concerned about what to include. I do not want to look like I'm pushing the GP to say something specific just to satisfy my own needs. I suppose it's best to avoid leading questions? Can I say exactly what the letter is for? I'll try and crack on with it today but the brain fog is horrid at the moment, will get the other half to help also.

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4 years 6 months ago #251742 by BIS
Replied by BIS on topic DWP Phone Call Before Tribunal - PIP
Hi Wockie

Re: the GP letter -- I think it depends a great deal on the relationship you have with your GP. It doesn't have to be a long letter, but if you think one of the things they are questioning is your fibro fog then it will be helpful if he can confirm it. He can't know exactly the impact it has on your life, but anything he can say will be useful. I don't know if he has observed your fibro fog, but if he has it would be good if the letter said so.

No there is no template.

You can read about the procedure for phone appeals in the Guide to PIP Appeals
www.benefitsandwork.co.uk/help-for-claimants

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: ravenmiss

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4 years 6 months ago #251777 by denby
Replied by denby on topic DWP Phone Call Before Tribunal - PIP
Hi, this may or may not work for you, but I phone the GPs admin and ask verbally, explaining carefully and sweetly what the key points needed are. [Have a bullet checklist to hand before dialling]. Best wishes with it, our old GPs are good with this for our daughter but I wouldn't fancy my chances with the ones we go to since moving...
Denby
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4 years 6 months ago #251896 by ravenmiss
Replied by ravenmiss on topic DWP Phone Call Before Tribunal - PIP
Hello BIS,

Thanks for that. I've looked over the guide several times but have failed to see anything about this specific point. I'll get the other half to have a look for me later as I must be overlooking it!

I have a good relationship with my GP but the downside is that she's very senior in the CCG and is extremely hard to get an appt with. Since March all my appts have been on the phone with various GPs due to them not wanting patients in the building. It's a very big training practice so you often see someone different everytime. However, I'll direct my letter to my usual GP and hope she has the time to look into it.

Denby, I'd rather not tie up the lines at the moment. They're struggling horribly as it is and I'd rather not add to it. I also despise talking on the phone! Plus I think the info I want is best described in a letter as a receptionist may not understand it fully.

I'll have a go at writing something today.

Thanks to all for their support, it means the world to me!

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