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Tribunal paperwork
- AlwaysPacing
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1 year 3 weeks ago #284224 by AlwaysPacing
Tribunal paperwork was created by AlwaysPacing
My mandatory reconsideration was unsuccessful. I am now filling in the online form to say I intend to go to tribunal. There are boxes to fill in to say which aspects you disagree with - one box for a title, and a larger box (unlimited word count) where you put more info.
My question is: Do I need to make a case here, ie. argue my point? Or simply itemise the thing I want to discuss at tribunal?
My question is: Do I need to make a case here, ie. argue my point? Or simply itemise the thing I want to discuss at tribunal?
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- Gary
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1 year 3 weeks ago #284231 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal paperwork
Hi AlwaysPacing
You need to complete a submission as to why you are appealing, I would advise you to seek help from your local Welfare Rights Organisation who will be able to help you set out your submission; advicelocal.uk
I need a copy of the PA4 before I can write a submission so that I know what I am arguing against. When I write a submission, I follow a procedure, I write;
We wish to appeal against the decision that xxxxxxxxis not entitled to PIP. We considered that s/he had provided enough evidence for a decision to be made that s/he is entitled to PIP at the rate of enhanced for daily living and mobility.
We do not consider that the decision maker took full account of the severity of her/his condition or of the way that it affects her/his everyday activities and bodily functions.
Potted History
This explains a bit about the client
Assessors Report PA4 v3
There are numerous errors contained within the (HCP) report
mention a few of the errors
History of Conditions
Current medication and treatment
Then list what Descriptors you agree with
Then list each descriptor, what the assessos has awarded and what you think should be awarded and why, remember the why is the important part and try and tie it in with any supporting documents.
Preparing food
The HCP has suggested that the following descriptor applies:
1 a. Can prepare and cook a simple meal unaided.
The correct descriptor we believe that applies to xxxxxxxxx is:
1 e. Needs supervision or assistance to be able to either prepare or cook a simple meal 4 points.
Type here the reasons why
Work through all the descriptors you disagree with in the same format.
At the end write a conclusion
Conclusion
xxxxxxx has bad days and worse days; her/his condition is that there is no cure and that s/he will get progressively worse over time. xxxxxxx is under constant review and investigation as xxxxxxx stated, ‘you cannot have COPD part time’.
We believe that xxxxxxx should have been awarded 23 points for the Daily Living component of PIP and 18 points for the mobility component of PIP.
Gary
You need to complete a submission as to why you are appealing, I would advise you to seek help from your local Welfare Rights Organisation who will be able to help you set out your submission; advicelocal.uk
I need a copy of the PA4 before I can write a submission so that I know what I am arguing against. When I write a submission, I follow a procedure, I write;
We wish to appeal against the decision that xxxxxxxxis not entitled to PIP. We considered that s/he had provided enough evidence for a decision to be made that s/he is entitled to PIP at the rate of enhanced for daily living and mobility.
We do not consider that the decision maker took full account of the severity of her/his condition or of the way that it affects her/his everyday activities and bodily functions.
Potted History
This explains a bit about the client
Assessors Report PA4 v3
There are numerous errors contained within the (HCP) report
mention a few of the errors
History of Conditions
Current medication and treatment
Then list what Descriptors you agree with
Then list each descriptor, what the assessos has awarded and what you think should be awarded and why, remember the why is the important part and try and tie it in with any supporting documents.
Preparing food
The HCP has suggested that the following descriptor applies:
1 a. Can prepare and cook a simple meal unaided.
The correct descriptor we believe that applies to xxxxxxxxx is:
1 e. Needs supervision or assistance to be able to either prepare or cook a simple meal 4 points.
Type here the reasons why
Work through all the descriptors you disagree with in the same format.
At the end write a conclusion
Conclusion
xxxxxxx has bad days and worse days; her/his condition is that there is no cure and that s/he will get progressively worse over time. xxxxxxx is under constant review and investigation as xxxxxxx stated, ‘you cannot have COPD part time’.
We believe that xxxxxxx should have been awarded 23 points for the Daily Living component of PIP and 18 points for the mobility component of PIP.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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