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Pip appeal
- Joyce
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6 years 9 months ago #191920 by Joyce
Pip appeal was created by Joyce
Hello everyone, I have asked the DWP to supply all the information the decision maker used in deciding my first Pip award (full mobility and care) and the recent award (standard care, no mobility). However, they have awarded me that for 10years. My GP wrote to say that she feels the face to face assessment is too stressful for me and a paper based assessment would be appropriate, as my health will not improve.
The only thing that has changed in that time is the assessor!
Is it worthwhile highlighting this at the appeal tribunal? The latest report refers to me as 'he' gives the wrong surname and says I admit to recreational drug use! I have never taken any recreational drugs in my life.
I am so furious that nothing I said has been reported correctly and the assessor hardly looked up from her laptop and fired 'closed' questions, which didn't give me the opportunity to give any detail.
I feel this has been a copy and paste job.
Whilst I want to give the tribunal a more detailed picture, is this something which should be highlighted or not?
Also, my daughter wants to attend, but I don't know whether to list her as a witness or representative. I will be exhausted by the time I get there and wonder if I will be able to adequately represent myself.
Thank you for reading this and if anyone can advise, I would be very grateful.
The only thing that has changed in that time is the assessor!
Is it worthwhile highlighting this at the appeal tribunal? The latest report refers to me as 'he' gives the wrong surname and says I admit to recreational drug use! I have never taken any recreational drugs in my life.
I am so furious that nothing I said has been reported correctly and the assessor hardly looked up from her laptop and fired 'closed' questions, which didn't give me the opportunity to give any detail.
I feel this has been a copy and paste job.
Whilst I want to give the tribunal a more detailed picture, is this something which should be highlighted or not?
Also, my daughter wants to attend, but I don't know whether to list her as a witness or representative. I will be exhausted by the time I get there and wonder if I will be able to adequately represent myself.
Thank you for reading this and if anyone can advise, I would be very grateful.
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- Gordon
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6 years 9 months ago #191932 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip appeal
Joyce
If there has been no change in your conditions then you should certainly highlight this to the appeal panel, there is an increasing body of Case Law requiring the DWP to show that there has been a relevant change in the claimants health if they are to superseded the existing award.
However, you need to be careful, the basis of this argument is that the reassessment should not have been done, not that the Decision that was reached was incorrect, so you could be left with your original award but then have to renew it before it ends.
So you also need to deal with the issues raised by the assessment and show that you still meet the criteria for your original award.
Gordon
If there has been no change in your conditions then you should certainly highlight this to the appeal panel, there is an increasing body of Case Law requiring the DWP to show that there has been a relevant change in the claimants health if they are to superseded the existing award.
However, you need to be careful, the basis of this argument is that the reassessment should not have been done, not that the Decision that was reached was incorrect, so you could be left with your original award but then have to renew it before it ends.
So you also need to deal with the issues raised by the assessment and show that you still meet the criteria for your original award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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