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5 years 5 months ago #219814 by King_Drax_I
PIP Appeal Advice was created by King_Drax_I
I am appealing a PIP decision at the Tribunal level, and I have read with great interest your document "The Best Possible Challenge To A Personal Independence Payment (PIP) Decision - A Guide To Mandatory Reconsiderations and Appeals"

On Pages 14 and 15, the document suggests we look through the ftf medical assessment and the DM's decision, and I am doing so. My question is, is this with a view to dissecting everything they said wrong at the Tribunal? Or do we adopt the simple approach and just say how the condition affects me? For example, the HCP and DM both mention that the HCP took me through a 'typical day' at the interview; in actual fact, she did nothing of the sort. And the DM has said in response to that that if my recollection of events at the interview was different, then I need to "...contact the Health Care provider directly". Really? The entire DM response is (almost rudely) dismissive of every claim I make in my Appeal. How do we fight against such caustic lies, mistreatment and bad behaviour? I don't even know where to begin!

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5 years 5 months ago #219834 by Gordon
Replied by Gordon on topic PIP Appeal Advice
Drax

Your primary task is to go back through your claim form, the assessment report and our PIP Claim guide to make sure that you have shown that you meet the criteria the award you expected, remember you need to complete the PIP activities, reliably and on the majority of days.

A secondary task is for you to go through the report showing why the opinions of the assessor are incorrect, do this by referring back to the facts of the assessment and your evidence. don't try an do this head on as you are unlikely to be successful.

Gordon

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

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5 years 5 months ago #219842 by King_Drax_I
Replied by King_Drax_I on topic PIP Appeal Advice
Thanks Gordon :) Please can you clarify what you meant by that last sentence: "don't try and do this head on as you are unlikely to be successful." - what do you mean by doing it head on, please?

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5 years 5 months ago #219850 by Gordon
Replied by Gordon on topic PIP Appeal Advice

Drax wrote: Thanks Gordon :) Please can you clarify what you meant by that last sentence: "don't try and do this head on as you are unlikely to be successful." - what do you mean by doing it head on, please?


A somewhat silly example which I hope will explain what I mean.

So if the assessor has said in their opinion you can walk 200m then you just saying that you can only walk 50m would be dealing with the issue head-on, referring to your evidence which includes a doctors report that states that you cannot walk more than 50m and that the assessor has not recorded any observations that you walked more than this during the assessment would be undermining their opinion with the facts.

Gordon

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

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5 years 5 months ago #219872 by King_Drax_I
Replied by King_Drax_I on topic PIP Appeal Advice
That makes sense, thanks Gordon; I will be able to adapt that example to my own situation. Cheers :)

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5 years 5 months ago #219896 by King_Drax_I
Replied by King_Drax_I on topic PIP Appeal Advice
Thanks Gordon, that makes sense! :)

Can I also ask, when I have done these two tasks, do I then send my conclusions through to the Tribunals Service as something for them to peruse before my hearing? I also have a further piece of testimonial evidence on the impact of my condition; can I send that to the Tribunal also?

Thanks again

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