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Help and advise needed before Tribunal
- Gladys
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6 years 6 months ago #198379 by Gladys
Help and advise needed before Tribunal was created by Gladys
Hi , My son is profoundly deaf and has a cochlear implant. He was on the middle rate DLA and Mobility indefinitely but only scored 2 points in his assessment and MR for PIP.
Besides limited ability to understand complex verbal and written communication he has difficulty more than 50% of the day hearing even simple information as he works as an apprentice carpenter on building sites that are very noisey. I helped him to do the MR explaining his difficulties but the decision came back unchanged. He has put in for an Appeal and is awaiting a date from the Tribunal.
Although he can understand simple verbal communication when there is no background noise and when he is able to lip read the person he cannot reliably do this if conditions change.
Besides limited ability to understand complex verbal and written communication he has difficulty more than 50% of the day hearing even simple information as he works as an apprentice carpenter on building sites that are very noisey. I helped him to do the MR explaining his difficulties but the decision came back unchanged. He has put in for an Appeal and is awaiting a date from the Tribunal.
Although he can understand simple verbal communication when there is no background noise and when he is able to lip read the person he cannot reliably do this if conditions change.
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- Gordon
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6 years 6 months ago #198390 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help and advise needed before Tribunal
Gladys
I don't think that you can rely on arguing that background noise from where he works reduces his ability to hear as it is likely that even those with good hearing my struggle under these circumstances.
If the only problem he has is his hearing then I would only expect him to score points for Communicating and Mixing with others, scoring sufficiently for an award will hang on his showing a need for "communications support", have a look at the PIP Claim guide for a definition.
Gordon
I don't think that you can rely on arguing that background noise from where he works reduces his ability to hear as it is likely that even those with good hearing my struggle under these circumstances.
If the only problem he has is his hearing then I would only expect him to score points for Communicating and Mixing with others, scoring sufficiently for an award will hang on his showing a need for "communications support", have a look at the PIP Claim guide for a definition.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gladys
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6 years 6 months ago #199250 by Gladys
Replied by Gladys on topic Help and advise needed before Tribunal
Hi Gordon
Can he send in a submission explaining his difficulties about why he thinks the decision is wrong or hand it over to the panel on the day of the Hearing?
Gladys
Can he send in a submission explaining his difficulties about why he thinks the decision is wrong or hand it over to the panel on the day of the Hearing?
Gladys
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6 years 6 months ago #199262 by Gordon
If you create a submission, we recommend you at least consider doing, then it has to be with the Tribunal Service no later than seven days before your hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help and advise needed before Tribunal
Gladys wrote: Hi Gordon
Can he send in a submission explaining his difficulties about why he thinks the decision is wrong or hand it over to the panel on the day of the Hearing?
Gladys
If you create a submission, we recommend you at least consider doing, then it has to be with the Tribunal Service no later than seven days before your hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BellaRed
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6 years 6 months ago #199669 by BellaRed
Replied by BellaRed on topic Help and advise needed before Tribunal
I am having the same issue regarding deafness.
Background noise is a well documented and known issue for hearing aid users and presumably cochlear implant users.
I found this upper tribunal case which may be of use to you
assets.publishing.service.gov.uk/media/5...PIP_1534_2016-00.pdf
Background noise is a well documented and known issue for hearing aid users and presumably cochlear implant users.
I found this upper tribunal case which may be of use to you
assets.publishing.service.gov.uk/media/5...PIP_1534_2016-00.pdf
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- Gladys
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6 years 4 months ago #202186 by Gladys
Replied by Gladys on topic Help and advise needed before Tribunal
Hi Gordon
I am in the process of putting some points together with Ross to submit to the Tribunal and have come across on DWP's response to HMCTS they refer to a number of decision notification pages under several points. I have tried to look for these pages in the papers I have but cannot locate them. Is this only for HMCTS reference or do I need to have sight of these as well?
I am in the process of putting some points together with Ross to submit to the Tribunal and have come across on DWP's response to HMCTS they refer to a number of decision notification pages under several points. I have tried to look for these pages in the papers I have but cannot locate them. Is this only for HMCTS reference or do I need to have sight of these as well?
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