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Appealing to a tribunal - bring it on....

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5 years 9 months ago #213784 by Marie
I'm Marie and I'm a new kid on the block.

After 32 years of receiving the higher rate of DLA, following my PIP assessment, it's been decided that I no longer qualify for it. As you can imagine I'm a little upset about it. :(

I didn't find your wonderful site until after my assessment as your help would have been gratefully received. For a start I didn't know that they had to give you 7 days notice of your assessment interview. I got 48 hours (!!) so sadly I wasn't as prepared as I'd have liked to be.

The assessor then during the interview admitted that she was suffering from 'baby brain' !!! Great, I had a person who's thought processes weren't 100 % - wonderful...

When the report arrived it was rather laughable .The best bit was when they said that I was capable of walking 50 metres in 1 minute. During the assessment the assessor neither saw, nor asked me to walk. Just for clarity we did our own test at home - I covered 7.2 metres in 1 minute....

We started the ball rolling with the first stage of the appeal but sadly it's come back the same so we're off to see the Judge....

My GP has agreed to go a letter of evidence stating how poor my mobility is as she thinks it's shocking what they've done.

I'm looking forward to reading all of your guides and any hint/tips etc you can give will be most welcome.

Thanks for listening x

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5 years 9 months ago #213794 by Gordon
Replied by Gordon on topic Appealing to a tribunal - bring it on....
M

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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The next stage in the process is for you to appeal.

The PIP Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.

Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.

You may have to wait as long as a year for a hearing so you should consider making a new claim for PIP, there is no waiting time for you to di this.

However, you do need to be aware that a new claim will result in a new Decision which will limit any award that might result from your appeal.

Whatever you decide, you need to address the issues that meant that you did not receive an award from your first claim.

Gordon

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

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5 years 9 months ago #213806 by Marie
Replied by Marie on topic Appealing to a tribunal - bring it on....
Thanks for that Gordon. I never realised that it could take so long for a hearing to take place.
I never knew that it would be possible to make another claim for PIP when one is already ongoing, so to speak. Knowing what I know now, thanks to this and the CAB site, I am in a better position with regards to the questions that would be asked.

If I were to make a fresh claim, would they compare that with the one that I am currently about to make the appeal for.

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5 years 9 months ago #213809 by Gordon
Replied by Gordon on topic Appealing to a tribunal - bring it on....

Marie wrote: Thanks for that Gordon. I never realised that it could take so long for a hearing to take place.
I never knew that it would be possible to make another claim for PIP when one is already ongoing, so to speak. Knowing what I know now, thanks to this and the CAB site, I am in a better position with regards to the questions that would be asked.

If I were to make a fresh claim, would they compare that with the one that I am currently about to make the appeal for.


No it will be treated as a completely new claim with no reference to your previous one.

As to appeal wait times see the following.

www.benefitsandwork.co.uk/news/3771-wait...flood-of-pip-appeals

Gordon

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

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5 years 9 months ago #213814 by Marie
Replied by Marie on topic Appealing to a tribunal - bring it on....
Having read that article, it certainly doesn't fill me with confidence that my appeal will be looked properly.

With regards to making a fresh claim, I am a lot happier knowing my previous submission will not be used. As for addressing the reason why I didn't get the higher award, I now know why that was.
The following user(s) said Thank You: Gordon

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5 years 9 months ago #213833 by Marie
Replied by Marie on topic Appealing to a tribunal - bring it on....
I've slept on the new claim idea and I've a couple of queries.

If I go down the fresh claim route, what will happen to the PIP benefit that has already been awarded to me. Will I have to withdraw that claim?

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