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PIP TRIBUNAL

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6 years 10 months ago #188353 by Pappashacks
PIP TRIBUNAL was created by Pappashacks
Hello, I am seeking some help and advise please.
I had my assessment in September 2016 for PIP, the decision came back and I was taken off high rate motability and care after 18 years receiving it. This was even though my symptoms were getting worse the older I got. I was placed on low rate on both. I appealed against the decision and out of the blue I received a phone call saying they had looked again at it and I was awarded middle rate for both. I said was still not happy and wanted it took to the tribunal. He replied most people who have the award put up usually accept that decision. I was still not happy with this and said I wish for it to go to the tribunal and sent some of the print outs of my repeat prescriptions to them adding them to the tribunal notes.
I today received a reply from the HM Courts and Tribunal services. It said

A tribunal heard your appeal on 25/04/2017 at Burnley. The decision notice explains why the tribunal were unable to decide the appeal. It may also include instructions to ensure the next tribunal can reach a decision.

It then goes onto say on another page.
First-Tier Tribunal Social Entitlement Chamber.

1. The appeal is adjourned for oral hearing at “Named Local Office” on a date to be fixed with a time estimate of 45 minutes.

2. Members of this tribunal are not excluded from future involvement in the appeal.

3. The appeal was adjourned today because Mr Pappashacks must be made aware that the Tribunal has the power to increase an award, to leave the award as it is or to reduce or remove the award altogether. The Tribunal have not yet made a decision on the appeal and will not do so until it has considered all the evidence, but the existing award may be at risk if the appeal goes ahead. The Appellant is advised is to seek representation from a Welfare Rights Organisation.

In view of this information, this matter is not suitable to be dealt with on
without Hearing basis in the absence of the Appellant. Additionally,
there is a lack of medical evidence, which presently impede the Tribunal
in reaching a fair and reasoned decision.

Directions:
The Tribunal Clerk is to request the Appellant GP records from
01/01/2015 to date, to include any and all letters and reports from
consultants, Specialists, Hospitals and Clinics.

Mr Pappashacks is directed to complete and sign, date and return the
medical consent forms enclosed with this notice, in order to allow the above to
be arranged




The Tribunal Clerk is to ensure that all further evidence is issued to all parties well in advanced of the hearing, to allow the above to be arranged.

The Tribunal Clerk is to ensure that all further evidence is issued to all parties well in advanced of the hearing, to allow for due consideration.

The Tribunal Clerk is to notify all parties of the date and time of the hearing, as in the normal course of events.

Why after 18 years of higher rate care and mobillity do they not have my medical records. Why would they not have my DR's records to view at the tribunal in front of them.

It says I would be better having a representation from a Welfare Rights Organisation. Where would I find such a representative. I live in a very small rural town.

I had a works accident in 1999 and was pushed over a ramp while operating a fork lift truck, fell 8 feet to the ground, damaged my back and my my lower legs “Ankles”. So I have great problems in getting around. I use a walking frame and a pair of crutches. Part of my illness is psychological I suffer from paranoia, anxiety and agoraphobia, severe depression & insomnia.
I also suffer from memory loss with this and was refereed to a psychological nurse at West Cumbria Hospital approx 4 weeks ago. I have not been to my DR's for feedback on this yet.
I take a cocktail of medication such as 2 x Oxycodone 40 mg Long , 2 x Oxycodone Shor
for pain management 20 mg, 2 x Temazepam 20 mg, Blood pressure medication, Asthma inhalers Blue & Purple, Metformin, Aspirin.

I am also at the moment awaiting to undergo test for my hands and feet going numb and my hands feeling like bunches of bananas. When they go like this I have no feeling in them and with already having lower limb power and ankle problems this is making me fall over even more.

Is there anyone with any advise you can give me on this matter please. I just do not know why all this information was not requested from my DR in the first place.

Many thanks for taking time to read this.

Best Wishes Mark

Best Regards

Pappashacks "Mark"

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6 years 10 months ago - 6 years 10 months ago #188406 by Gordon
Replied by Gordon on topic PIP TRIBUNAL
Pappashacks

I'm sorry but I am confused by your post. You say you were awarded the lower rate of PIP and that this was then revised by the DWP to the middle rate.

There is no middle rate of PIP, it only has two levels; a Standard rate and an Enhanced rate.

As I read it the letter from the Tribunal Service is saying that the panel have concerns over your current award and in particular whether they would make the same award if they continue with the hearing.

You need to get face to face advice before you proceed with the hearing as you could lose your current award if you do. Do an internet search for "welfare advice" with your postcode, town or county.

So I am not sure what you are appealing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 10 months ago by Gordon.

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6 years 10 months ago #188465 by Pappashacks
Replied by Pappashacks on topic PIP TRIBUNAL
Hi Gordon, Sorry I am not very good with these computers and tend to waffle on. I was getting for around 16 year the enhanced rate for both components. Then last August I was sent for another medical. After these I was awarded the lower component for both. I appealed and they actually phoned me to say they had awarded me more points but it did not change the fact that I lost both enhanced rates. He said do you wish to still take it to tribunal because most people don't after being awarded the rates. I said yes I do. I then took it to the tribunal and they could not make a decision because they wanted my hospital and Dr's reports and for me to attend the next one in person local to me. So by what you are saying if I proceed with this I could loose out on what I am getting now, that scares me. So am I able to telephone the clerk and tell him I do not wish to proceed with the new tribal hearing and that I can with draw from it and be left on the component I am on now. I live alone and I am not the brightest light in the town and have trouble dealing with all this with my problems. Thank you very much for your help. Best wishes Mark.

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6 years 10 months ago #188499 by Gordon
Replied by Gordon on topic PIP TRIBUNAL
Pappashacks

Try and get face to face advice before making a final Decision, but if you decide to withdraw your appeal then contact the Tribunal Service. You can do it over the phone but I would follow it up in writing.

Gordon

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

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