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6 years 6 months ago #197509 by BellaRed
Replied by BellaRed on topic No face to face interview for me
Yup.

I used the guides on here and put in the support I got for work meetings and assistance that I got from others when in group situations. The fact that some people have to write things down for me. They fact that some people just turn away and won’t communicate with me when they discover I’m deaf. It was all in there. People who start to lose their temper when they have to repeat something to me for a third time etc... it was all there.

I’m very independent and try my utmost to do things i with minimum help but of course that sometimes fails.

Yet this area of my claim appears to have been overlooked as it was not commented on at all.

Maybe there will be more in the report that I am requesting.

If they said to me that you’re not getting PIP because you lipread I’d accept that but to base it on my lack of intellectual and cognitive impairments seems wrong to me.

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6 years 6 months ago #197510 by BellaRed
Replied by BellaRed on topic No face to face interview for me
I used the help quides on here and paid for membership when filling in my forms and listed all the help and assistance I got with communicating.

I even sent in audiograms and notes from a specialist who stated that I have very little useful hearing and that my deafness is as a result of nerve damage (mumps (left ear) and meningitis (right ear) as a child)

Because I speak I am treated as a hard of hearing person rather than a severely deaf person usually. To clarify I am profoundly deaf in my left ear and severely deaf in my right. I only wear a hearing aid in my right ear.

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6 years 6 months ago #197520 by Gordon
Replied by Gordon on topic No face to face interview for me
Bella

From your posts the key issue is a need for Communications Support, so you need to concentrate on this in any MR.

Gordon

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

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6 years 3 weeks ago #208077 by BellaRed
Replied by BellaRed on topic No face to face interview for me
It has been a long road.

On Friday 2/3/2018 I attended my appeal hearing.

I came home today to a letter informing me that I have been awarded 8 points for communicating verbally. Standard award that will be open ended (not sure exactly what that means)

I am very pleased.

I did this all by myself BUT with the help of this invaluable forum. The main reason I did this is that all possible help that I could have used told me I had no chance because I could lipread.


I especially took note of and used the following from case law: -

CPIP/2306/2015

CPIP/2559/2015

CPIP/1534/2016

One very important thing to keep in mind is that part of the reason that lipreading is ignored is that 'lipreading is considered an inadequate method of translating the spoken word ' mainly as it is imprecise. Challenge this. I stated that I was brought up to lipread, my school taught orally so my learned and chosen method of communicating was considered inadequate but it was what I used so therefore indirectly highlighted my issues. I was using a method they considered inadequate. They cannot really say something is inadequate and expect you to have no trouble using it.

I also emphasised that my level of deafness what not any different from those who used sign language and that we both depended on using our vision to communicate.

I listed all types of people who were hard to lipread and why. I think it did help a lot that the chair (?) of the panel who was from the Barr was impossible for me to lipread and one of the two women on the panel had to step in to help. I had no issue talking to her as she slowed down, the third panel member asked no questions at all.

Overall I think my written submission and appeal were much better than my actual appeal hearing as when there are 3 people looking at you it is nerve racking and the mind goes a little blank. I actually forgot to give them copies of the case law I had printed out for them. I was honest throughout for example that I am normally not an anxious person but that certain situations could make me anxious.

My appeal hearing was short, about 20 minutes and I left thinking that there was lots I should have said. I was not hopeful. Thankfully it all turned out ok. I was actually surprised. Drinking that cup of tea before opening the letter was a good idea.

I did not challenge the mobility component and will be on less £ than before but I have no issue with that at all.

THANK YOU ALL.
The following user(s) said Thank You: ivyfox

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6 years 3 weeks ago #208089 by Gordon
Replied by Gordon on topic No face to face interview for me
Bella

That's terrific news, well done.

Gordon

tags: @RESULT @PIP @APPEAL

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

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6 years 3 weeks ago #208094 by BellaRed
Replied by BellaRed on topic No face to face interview for me
Thanks Gordon I couldn't have done it without this wonderful forum.

Is an open ended award indefinite or does it give the PIP people free rein to impose an end date?

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