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PIP Tribunals
- Bronagh Branagan
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5 years 7 months ago #217135 by Bronagh Branagan
PIP Tribunals was created by Bronagh Branagan
Ive went through the DLA to PIP process and been awarded Lower rate of DailyLiving Component and lost my mobility. I sent in a MR and the decision came back the same. I am claiming due to chronic anxiety, depression and Fibromyalgia. I was only awarded 4pts on the planning and following of a journey and this is what i challenged on the MR. I didnt know that i could request a copy of my face to face report until after I had sent my MR. Having received the report I now want to challenge it as well. Does anyone know can I still challenge this at tribunal even though i didnt request it at the MR? Also Im in Northern Ireland and am terrfied to go to sit in front of a panel so does anyone have experience of a paper hearing?
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- Gordon
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5 years 7 months ago #217145 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunals
B
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
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Everything is from scratch at an appeal, so you can raise issues with the report as part of your submission although I would note that you did not have access to the report at your MR.
However, whilst tackling the issues in the report is important it is very unlikely to lead to an increased award, this will only happen by your showing that you meet the legal criteria to score higher.
You say that you are challenging the points you scored for the Going Out activity, based on what I see in the forum, many members do not understand the criteria that they need to meet in order to score for this activity. What are you looking to score for; being unable to undertake a journey or being unable to follow a route? You cannot score for both as they are classed as being mutually exclusive of each other.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Everything is from scratch at an appeal, so you can raise issues with the report as part of your submission although I would note that you did not have access to the report at your MR.
However, whilst tackling the issues in the report is important it is very unlikely to lead to an increased award, this will only happen by your showing that you meet the legal criteria to score higher.
You say that you are challenging the points you scored for the Going Out activity, based on what I see in the forum, many members do not understand the criteria that they need to meet in order to score for this activity. What are you looking to score for; being unable to undertake a journey or being unable to follow a route? You cannot score for both as they are classed as being mutually exclusive of each other.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- katel
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5 years 7 months ago #217158 by katel
Replied by katel on topic PIP Tribunals
Hi Bronagh,
I have already sent my MR request to DWP without having first viewed the assessors report. I havnt even received it yet after several requests.
Having had previous experience at a DLA tribunal where 2 DM's and 2 Medical assessors reports in short went against me, I still won my case.
IMO, and from what I see, people are spending lots of time and worry on what the medical assessors say and not what the DM's are doing wrong by simply placing their weight on the assessors report and throwing aside most of what the disabled person describes. Even peoples own GP and Consultants opinions come under the assessors opinion.
These assessors are seeing you at one point in one day in your life. I know I am certainly no expert, but common sense would tell me that the route you need to take is with the decision made by DWP, yes challenge the Medical report and identify errors and or untruths, but when you get to a Tribunal, they will treat all what you tell them as a fresh explanation of you difficulties and needs that arise. If what you explain to them is the same as what you have written in your PIP application (regardless of who's medical opinion is what) In my experience the Tribunal will award properly.
I know that some people have been let down by Tribunals as well, but look at the success rate for people attending Tribunals. I would urge everyone who has been let down by the system to persue their cases the whole way.
Best of luck to you x
I have already sent my MR request to DWP without having first viewed the assessors report. I havnt even received it yet after several requests.
Having had previous experience at a DLA tribunal where 2 DM's and 2 Medical assessors reports in short went against me, I still won my case.
IMO, and from what I see, people are spending lots of time and worry on what the medical assessors say and not what the DM's are doing wrong by simply placing their weight on the assessors report and throwing aside most of what the disabled person describes. Even peoples own GP and Consultants opinions come under the assessors opinion.
These assessors are seeing you at one point in one day in your life. I know I am certainly no expert, but common sense would tell me that the route you need to take is with the decision made by DWP, yes challenge the Medical report and identify errors and or untruths, but when you get to a Tribunal, they will treat all what you tell them as a fresh explanation of you difficulties and needs that arise. If what you explain to them is the same as what you have written in your PIP application (regardless of who's medical opinion is what) In my experience the Tribunal will award properly.
I know that some people have been let down by Tribunals as well, but look at the success rate for people attending Tribunals. I would urge everyone who has been let down by the system to persue their cases the whole way.
Best of luck to you x
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