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PIP appeal adjourned

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5 years 11 months ago #210893 by Tess
PIP appeal adjourned was created by Tess
Hi there,
Can someone advise please. I was dismissed from my job of 17 years in May 2017 on grounds of capabilitiy. I have CFS and depression. I have won an ET for disability discrimination but it will be some time before a remedy hearing is listed. The stress of job loss and ET process led to a massive relapse in my CFS and sever episode of depression. I made application for PIP IN june 2017, i was awarded 6 points on ADL and 4 on mobility meaning I did not qualify for any award. I put in a mandatory reconsideration and this was also rejected. I put it n an appeal. I was not able to access any help as I did not fit criteria ( due to my being a health professional for 17 years I am very capable of writing reports etc) I did manage to get CAB advisor th read over my MC. I had asked for 6 areas to be reconsidered but the CAB advisor said only 2 were viable. She gave me a redacted version of a submission to use as a proforma. I had my appeal 2. days ago. I was told by tribunal clerk to only answer as I was at the time of application. The panel ask d me to tell ya hem what happened. I explained I had a massive deterioration in health as a result of my job loss, ongoing possible repossession of Home and stress of ET. The judge the adjourned the hearing on “a point of law” which as to do with the qualifying period?? She asked for my consent to get medical records from Jan 2017 to date. She gave orders for me to prepare supplementary submissions following them getting medical records and to clarify exactly which points I was asking them to look at and kept repeating “is it only this two, are you sure that’s all you want us to look at?” She also the DWP to provide supplementary evidence on the issue of the qualifying period.
I am really confused see as to what’s going on here. My mum seems to think the judge is encouraging me to ask for all the original points on MA.

Anyone able to give an opinion here?

Very confused
Thanks for your support
Tess

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5 years 11 months ago #210934 by Gordon
Replied by Gordon on topic PIP appeal adjourned
Tess

There appear to be two issues here.

The first is to do with the PIP past and future test. You must have suffered from the limitations that you hope to receive an award for, for at least three months and be likely to suffer from them for a further nine months.

Your talk of a deterioration following your losing your job is likely to be causing confusion as to when you actually might meet the criteria, the request for your medical records is to see if they can corroborate a date.

Secondly, there appears to be a question over what limitations you have. I disagree strongly with the advice from the CAB about your only presenting two issues, whilst you need to ensure that the panel consider the issues you are most likely to score for first so that they have adequate time in the hearing to review these, there is always value in presenting your other problems as well.

The worst that can happen is that you do not score but if you don't include them in the first place then you cannot score for them.

Have a look at our PIP Claim guide for the criteria you need to meet.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Lisa101, Tess

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5 years 6 months ago #218586 by Tess
Replied by Tess on topic PIP appeal adjourned
Thanks for the advice Gordon. I followed it and presented all of my original problems. The DWP rang the day before tribunal and offered to award me standard rate care and enhanced mobility if I agreed withdrawal of appeal. Of course I did so and was awarded backdated payment to june 2017 as well as backdated severe disability premium on my ESA. This has enabled me to clear my mortgage arrears and my home is no longer in jeopardy. Thank you so much

I have submitted a new post on ESA thread regarding my ET award if you wouldn’t mind looking at that too. Many many thanks again.

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5 years 6 months ago #218617 by Gordon
Replied by Gordon on topic PIP appeal adjourned
Tess

Many congratulations on the award, well done.

Gordon

tags: @RESULT @PIP @APPEAL

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

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