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TOPIC: PIP appeal tribunal, preparation.

PIP appeal tribunal, preparation. 5 months 6 days ago #179271

I have received my bundle for a PIP appeal tribunal with HMCTS.

I have good expert doctors evidence for ME CFIDS disease related disability but the DWP decision makers ignored the reliability criteria when interpreting it.

I believe I have a valid case and will make a clear submission with the couinter agruments to the DWP case.

My question is do I need a representative?

Should I engage a solicitor or try for someone with experience of my kind of disability?

What works ? Would be grateful for any advice.

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PIP appeal tribunal, preparation. 5 months 5 days ago #179318

boolybooly

Most claimants appeal without the help of a Representative, however, a trained Representative can usually increase the likelihood of an award. I would not use a solicitor unless they have a demonstrable track record of successful Social Security Appeals, this is not a standard area of law and requires specialist knowledge.

If you want to find someone then do an internet search for "welfare advice" with your postcode, town or county, but don't be too surprised if no one is available to take your case. You can also try any charities that support your conditions.

you might want to have a look at the following.

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

MOJ Video of ESA Appeals Process and Tribunal

Gordon
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Last Edit: by Gordon.

PIP appeal tribunal, preparation. 4 months 1 week ago #181851

Thanks Gordon.

I need to ask another question. I am writing my submission and am wondering how much detail to go into, I am structuring it as per the B&W advice and focussing on the activity, errors and evidence.

But I have got a lot of quotes from my FME as well as transcripts of my verbal answers and quotes from the HP report PA3 V4, along with references using the bundle numbering so it is becoming a long letter. It will save them time looking things up but I wonder if it will annoy them having to wade through so much stuff.

They are all evidence relevant to arguments, but there is so much evidence and many arguments I feel need to be made and need to be backed up by evidence.

I have three points of contention, two are activities and one is the assessment interval btw. I have shunted a lot of the quotes to appendices at the end of the submission, many remain in the body of the text with bold highlights of some phrases and inset paragraphs. I am wondering if this is a good idea or if there is a better way for organising quotes and references for submissions?

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PIP appeal tribunal, preparation. 4 months 1 week ago #181875

boolybooly

There's no right or wrong amount of information to include although as a general comment most people, myself included, tend to waffle on the first draft so it might help to go through it all again to see if you can revise what you have written.

Things to think of.

Put page number on everything and provide an index to all of the content.

Start each new point with a summary of the issue and then go into more detail. You obviously want them to read everything but the summary will be helpful at the hearing.

Make sure all of your points are organised in the same manner, perhaps; summary, detail, list of evidence.

Gordon
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PIP appeal tribunal, preparation. 3 months 12 hours ago #185861

Thanks Gordon, I am in a bit of a mess and cannot think straight, having had my tribunal date (13th).

I still have to complete the submission.

My question is should I try to discuss my condition to show how it meets the criteria (enabling the tribunal to assess me) or should I limit my arguments to existing evidence and show how the assessment was inconsistent, did not represent what I said, broke the rules on reliability and ignored FME which proves my case ?

Like you say I am afraid of waffling but I cannot tell waht is waffle and what is relevant to the tribunal. I just cannot make sense of the advice I have read and been given.

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PIP appeal tribunal, preparation. 3 months 11 hours ago #185875

Hi bb,

You will only be awarded PIP by showing how/why you meet the specific descriptors. This is where you should concentrate your efforts as the appeal panel will be less interested in the assessor's comments anyway.
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Last Edit: by Mrs Hurtyback.
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