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Home visit & new ruling on dwp not taking previous

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6 years 10 months ago #191486 by Gordon
Sula

We have lots of members who have scored points for Mixing with other people, it is not the unsurmountable obstacle that you believe it to be.

Have a look at the bottom of page 50 of the current PIP Claim guide.

Gordon

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

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6 years 10 months ago #191510 by Sula Maye
It's not that i believe anything, its that I am observing something. If a tribunal states that by attending a HP assessment and tribunal, regardless of the impact during and after the engagement, that you can socially engage - disregarding letters from my best friend and young daughter of how i have to rest before and after spending any time talking to them - and you say this is a reasonable decison, then I just can't see how anyone who answers the questions they put to you - and at a tribunal they want you to speak - can ever score points. My pertner used to work with adults with learning disabilities, they found it hard to explain the impact of their condition to an interviewer and she would have to do it, however they could engage socially and had socila lives and friends that far outstrip my pathetic existence. It simply seems like catch 22 to me, you do as they ask, you are able, you don't do it they stop your claim.

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6 years 10 months ago #191522 by Gordon
Sula

Have you looked at the Claim guide as suggested.

Gordon

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

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6 years 10 months ago #191530 by Sula Maye
Do you mean the bit about 'engagement is needed'? and above that? Yes I read it when I filled in the review and since. That is why I don't understand why you said it is a reasonable decision for the tribunal to cincude that because i answered the questions posed to me - even though visibly exhuatsed - I could engage socially, when that upper tribunal stated engagemnet with the process of being questioned by a HP does not constitute evidence of no problems with socilaising.

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6 years 10 months ago #191533 by Gordon
Sula

I said that it is a reasonable assumption and it is, that doesn't mean that you cannot provide evidence and testimony to explain how you managed it on that particular day and having given it, that an appeal panel would not accept your reasons!

Forgive me but I am struggling to understand what it is you want me to say, this is about you explaining your problems and how on one occasion you managed to attend an assessment, you appear to understand the issues and the arguments that you need to put forward, I'm not sure what is stopping you doing it?

Gordon

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

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6 years 10 months ago #191540 by Sula Maye
I simply wanted to know that it was reasonable on my part to challenge the tribunals findings on that occassion precisely because of what the ruling referred to said.

I got confused by your 'reasonable to make that assumption' because it was not an assumption, it was a failure to consider the evidence and reliably etc - in my tribunal paper work we argued how socilaing was so difficult for me and provided evidence from people who see how my relationships are affected, plus it clearly w as not easy for me to engage with the HP, she did not argue with the fact that I had to lie on the floor.

If I misunderstood you it is purely because i do now find processing information a lot harder than I used to, I am still an intelligent, educated, relatively privildged human being, which is why yes I thought I did understand, but what you said made me think I didn't.

What I'm really trying to understand is how one can apply those kind of upper tribunal rulings to a Review, to a new HP assessment and no doubt the MR that will follow. I am trying to avoid another tribunal for the sake of my sanity and physical health. I'm sorry if you feel I am bleating on, I am simply trying to get my head round something and empower myself. I wish someone else would do it for me, I wish my old self could, but that's not possible.

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