× Members

Advice on pip appeal due 4th July

More
1 year 10 months ago #271689 by Jackie
Advice on pip appeal due 4th July was created by Jackie
I'm going to try keep this short, but doubt I'll manage it.

I was awarded SDL in Jun 21 (backdated to Jan 21)

WRO asked if I want to go to the next stage of Mandatory Recon, which I agreed to. Very long story short - they sent my decision paperwork to my old address. They had previously sent paperwork to my new address and ID data security by phone was always correct. My query is, has anyone claimed compensation for a breach of data and won? Also, would I need a lawyer?

Also, after reading the full reports( ie chinese whispers) I found out why they considered I could walk more than 50 metres. Long story - I don't leave the house but I was asked to give an example of how far I could walk. I told him I took my dog out once a day out the back door, my son took my dog out morning and evening along with his dog. I was asked about the last time I did go out the front of the building. I told him I had to go to my sons house so he could throw my prescription over his balcony, he couldn't bring to me as his new born was sleeping. At the time I was initially interviewed, I was living at building number 26 and my son was at 25 on the same street but across the road and approx 3 closes/buildings away. He referred to 20 - 50 metres, I told him it was approx 30 or less.

The full report said my son lived 3 streets away from me and I went there daily with my dog and in another part of the report I took my dogs, plural, which is all incorrect. He was obviously not listening to me. I do not go out and don't visit my son, they visit me.

I have my appeal date for 4th July but the thought of going there is making me a nervous wreck. I know no one here can say what will happen but I wanted your thoughts on the blatant errors made.

I would like my WRO to contact the tribunal panel ASAP to point out the errors made, in the hope that they will cancel the hearing and overturn the dwp decision. What are your thoughts on this as a possibility?

I have still to get a call from the WRO assigned to me, but I've been told they are going to provide support on the day of tribunal.

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271718 by Angel
Replied by Angel on topic Advice on pip appeal due 4th July
1. Try and get someone to go with you to the Tribunal for emotional support.
2. The legal criteria for any activity is ‘majority of the time’ and ‘repeatedly’.
I would look this up and argue on that point. *It will be in the guides on here*.
The following user(s) said Thank You: Jackie

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271751 by Gary
Replied by Gary on topic Advice on pip appeal due 4th July
Hi Jackie

Being a nervous wreck goes in your favour at a tribunal.

The last one I attended before lockdown I advised the claimant not to take any additional medication to help you cope and come dressed as normal. Do not turn up in your best attire as it will go against you.

The client came in her onesie to the Tribunal with no extra meds, we were awarded the enhanced for both components.

You need to go through the assessors report (PA4), it will be in the bundle of documents with a highlighter and highlight any inaccuracies, then make a bullet point list of things you want to say at the tribunal such as where your son lives to you.

The tribunal will use the assessors report, which is why you need to go through it carefully.

Gary

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

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271758 by Gordon
Replied by Gordon on topic Advice on pip appeal due 4th July
Just to clarify.

For PIP the requirement is the majority of days not the majority of the time.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Gary, SUE C C, LL26

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271772 by Jackie
Replied by Jackie on topic Advice on pip appeal due 4th July
Thanks Gary, this information is really helpful.

I have gone through the PA4 and the list of errors is ridiculous. It looks like a 10 year old has typed it up. They have also said I don't have issues getting in and out my car, but I don't even drive and never have. I also go from having one dog to having 2 dogs and quite a few more similar errors to those. It beggars belief they are allowed to send such shabby, yet very important paperwork.
The following user(s) said Thank You: Gary

Please Log in or Create an account to join the conversation.

More
1 year 9 months ago #271831 by StanB61
Replied by StanB61 on topic Advice on pip appeal due 4th July
Jackie on my last review(telephone) they cut my PIP back and couldn't understand why anyhow long story short I rang them and found out they had reported that I have a driving license and given I was on enhanced for both parts you can imagine the damage it did I then told them that I have never driven or had a license they literally reversed it there and then on the phone, and it was reinstated given the same error they have made on yours I wouldn't worry too much I think you will be fine anyhow good luck all the best
The following user(s) said Thank You: Gary

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.