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- Gordon
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5 years 8 months ago #216861 by Gordon
As you already have an Enhanced award for both components then I would be very surprised if the Tribunal panel will look at the points score, so I would expect your appeal to only be about the award length.
I have seen perhaps a half dozen challenges to the award length since PIP went live in 2013, that's on here and the other forums that I review regularly, of those two were successful and the rest were left as they were.
As I understand it, your primary condition is ME/CFS. This is a poorly understood condition and whilst there is no effective treatment I would be very surprised if you are able to find any clinician who would be willing to provide a long-term prognosis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Payment while waiting for MR & Tribunal results.
Alison W. wrote: I haven’t made the final decision yet. I’d be grateful for any comments you feel able to give about eg which are the strongest or weakest points.based on you years of experience.
As you already have an Enhanced award for both components then I would be very surprised if the Tribunal panel will look at the points score, so I would expect your appeal to only be about the award length.
I have seen perhaps a half dozen challenges to the award length since PIP went live in 2013, that's on here and the other forums that I review regularly, of those two were successful and the rest were left as they were.
As I understand it, your primary condition is ME/CFS. This is a poorly understood condition and whilst there is no effective treatment I would be very surprised if you are able to find any clinician who would be willing to provide a long-term prognosis.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alison W.
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5 years 8 months ago #216949 by Alison W.
Replied by Alison W. on topic Payment while waiting for MR & Tribunal results.
My concern is that the current assessment of my condition will
be used as evidence next time when all they are looking at is whether I am
worse or better.
That evidence would be that the AP saw me and found I needed very little help so I would be unlikely to get anything next time. I get and need a lot of help. A GP letter confirmed I’m severely affected.
What do you think?
The choices are based on msk I completed slowly and difficulty, not reliably.
All else is ignored or misquoted, including their own guidelines.
I think his views on ME are a big factor, but not backed up by NICE or NHS Choices.
They describe for any diagnosis there must be extreme fatigue resulting in a substantial reduction in activities, characterised by post exertional fatigue delayed by at least 24 hours
Cognitive difficulties are also a key symptom. Mental and physical
activity makes symptoms worse.
NICE starts by saying the physical symptoms can be as disabling as eg MS.or congestive heart failure...places a substantial burden on those with the condition.
It’s tough having a condition that steals your life, yet gets interpreted as a lifestyle choice by some.
Thanks for reading this.
be used as evidence next time when all they are looking at is whether I am
worse or better.
That evidence would be that the AP saw me and found I needed very little help so I would be unlikely to get anything next time. I get and need a lot of help. A GP letter confirmed I’m severely affected.
What do you think?
The choices are based on msk I completed slowly and difficulty, not reliably.
All else is ignored or misquoted, including their own guidelines.
I think his views on ME are a big factor, but not backed up by NICE or NHS Choices.
They describe for any diagnosis there must be extreme fatigue resulting in a substantial reduction in activities, characterised by post exertional fatigue delayed by at least 24 hours
Cognitive difficulties are also a key symptom. Mental and physical
activity makes symptoms worse.
NICE starts by saying the physical symptoms can be as disabling as eg MS.or congestive heart failure...places a substantial burden on those with the condition.
It’s tough having a condition that steals your life, yet gets interpreted as a lifestyle choice by some.
Thanks for reading this.
The following user(s) said Thank You: TheMerlin486
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- Gordon
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5 years 8 months ago #216990 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Payment while waiting for MR & Tribunal results.
Alsion
I understand your concern but if they review you using your previous documentation then the problems which you think you should have scored for will be included in those papers and you can build your arguments from there. If you are asked to make a new claim, then it will be start from scratch and you can make your arguments in your new claim.
A Tribunal is not required to investigate further where the claimant has the highest award already, so I still doubt that these are matters that they will look at an appeal.
Gordon
I understand your concern but if they review you using your previous documentation then the problems which you think you should have scored for will be included in those papers and you can build your arguments from there. If you are asked to make a new claim, then it will be start from scratch and you can make your arguments in your new claim.
A Tribunal is not required to investigate further where the claimant has the highest award already, so I still doubt that these are matters that they will look at an appeal.
Gordon
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