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tribunal appeal pack arrived today

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8 years 3 weeks ago #152969 by soontjen
tribunal appeal pack arrived today was created by soontjen
indefinite dla then dla to pip refused
I suffer from angina , copd , spine pars defect ,mild depression ect and get all the horrible affects
after reading your report on malicious fraud claim generates pip invitation ?
I had a letter to claim pip a few month's after an aggressive neighbour abused me in the street
over the last few year's he's accused me and family of all sorts of unfounded thing's
shouting
" benefit cheat we have got you know youll get it your going to be on tv benefit cheats ? he also told me he watches me in the garden " ? which he does constantly I've seen them holding the phone's up the window's as if filming me I think they are troubled / possessed with our life . very childish I know
but raises the question I think I have been maliciously reported how would I know ?
surely if I had done something wrong I would have been had for fraud ? if not left alone?

since December the stress and worry this as caused me is unbelievable not to mention the financial side and me getting out
after the pip assessment I was refused , with loads of contradiction's and inaccuracies they even refered to me as she ?
after a mandatory reconsideration I was refused , just returned the same as above
i'm loosing the mental / physical strength to fight back
would it be worth appeal tribunal?
thank you in advance

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8 years 3 weeks ago - 8 years 3 weeks ago #153010 by slugsta
Replied by slugsta on topic tribunal appeal pack arrived today
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

I'm sorry you are going through this, I'm afraid you are far from being alone :(

It's very common for the Mandatory Reconsideration to return the same decision, it's not often that they change the award at this stage.

The first thing to say is that PIP was introduced with the express intention of reducing the welfare bill and the criteria were toughened so it is possible for someone who was, quite correctly, claiming DLA to be, also correctly, refused PIP. So before you decide whether to appeal I think you should have a look at our PIP guide. If you can identify how and where you should have scored points towards a PIP award, it will be worth appealing. You have one month from the date of the MR letter to do so.

PIP help for claimants

You can also reapply. This would be particularly worthwhile if you see, from our PIP guides, that you could have made a much better job of the claim. However, the decision on the new application would limit the result of the appeal. So, to give an extreme example - if the tribunal gave you enhanced PIP but the new decision was 'no award' , the tribunal award would stop at the date of the new decision (the new decision would also be appealable).

When you have read the PIP guide, please reply to this message if you have further questions or comments. It helps us enormously if everything relating to the same subject is kept in one place. You will find it easily in future if you bookmark/favourite it on your web browser now. Thank you in advance for your cooperation in this matter :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 3 weeks ago by slugsta.
The following user(s) said Thank You: Julieg12, soontjen

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8 years 3 weeks ago #153028 by Julieg12
Replied by Julieg12 on topic tribunal appeal pack arrived today
If I know anything, it is always worth a try . I can understand how you have lost heart, but think of yourself, and your family they need you. Try not to be intimerdated by your neighbor, put your negative thoughts into proving that you have medical problems, make a to do list, i.e. appointment with G.P. to see if you and they are on the same manner of thinking. Many G.p's have so many Doctor's its hard to keep up with, so try and ring one person out, to get a good re pour going, so they understanding everything you are going through, then they can provide maybe extra help, at best you have put over what you require of your G.P. for the DWP letter (expect to pay).

But defiantly go forward, my husband/myself were on ESA till Xmas 2014 when they stopped it
on 18th Dec, we found out by letter 24th Dec, everywhere closed till 5th Jan, and no money as
we lived from one cheque to next, then still behind with some payers. The long and short of the story was we had zero points, so they put us on Jobseekers (such a farce, my husband could not get up the stairs to the jobcentre to sign on causing no end of trouble, much worry of bills pilling up, rent and also coping with husbands illness, my own mental health issues, it was a nightmare. But we carried on, mandatory notice appeal, then tribunal, from zero from Atos, then decision maker zero, but when we went to tribunal we got our ESA back, takes time
but go for it. I am back on this site as the year is coming up so they are trying again.
My husband has deteriorated, the treatment he was going to have, has been held up by regulations on medicines. But catching up with some reading I read your email, in forum and
I wished I could help you in some way. Try and put a brave face on and look after you, and your family, you do not pay for your neighbor, so don't let his/her views dissolution you.
The following user(s) said Thank You: soontjen

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8 years 2 weeks ago #153314 by soontjen
Replied by soontjen on topic tribunal appeal pack arrived today
thank you for replying
looking through the pip guides there are loads of thing's the nurse as put simply not true or contradicting , two illnesses I have were never mentioned ?
she also referred to me as she ?
the one point I was very surprised / shocked about is the one tablet I take is for my heart isorsobide monitrate . the nurse told me your wrong and it wasn't a heart tablet she's even wrote highlighted in brackets that it is for blood pressure ?
the other thing was walking I walked into the office waited 10 min then had to go up a flight of stair's they told me it was disabled friendly ? my chest was tight and I was out of breath lightheaded in need of a drink water by the time I got up the stairs into the office . she then wrote on the report he was observed to be out of breath walking across the office up stair's she recons 35 meter's ?
therefore likely
could walk 50 m 200 m repeatedly , unaided without problem's ?
she also wrote I said I could only walk 10 feet ? how silly
I could go on on
how do they get away with such untruths ?
going back to a malicious report triggering a pip form I have received a letter for a esa medical letter today ?
it never rain's
but hopefully get sorted
but it's a very stressful time
thank you

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8 years 2 weeks ago - 8 years 2 weeks ago #153341 by Gordon
Replied by Gordon on topic tribunal appeal pack arrived today
soontjen

Concentrate on the issues that are relevant to an award. For example the reference to you as a she may simply be a typing error and the description of your medicine does not seem to be at odds with the descriptions of the drug that I have found online.

A good place to start would be about your capability to walk there seem to be several contradictions and a recommendation that does not seem to conform to their own stated "facts".

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.
The following user(s) said Thank You: soontjen

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8 years 1 week ago - 8 years 1 week ago #154285 by soontjen
Replied by soontjen on topic tribunal appeal pack arrived today
I received the tribunal pack today 107 pages
my heads all over the place should I use cares or a welfare right's officer ? to help with the form?
conclusion from dwp read's
I oppose this appeal and ask the tribunal to dismiss this appeal and confirm to the secretary of states decision ? is this standard for them to put this
please reply
thank you
Last edit: 8 years 1 week ago by slugsta.

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