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Telephone Appeal
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3 years 9 months ago #260404 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
Yes they do take into consideration any aids you use and why you use them, they also take into account aids that you cannot use due to your disability such as a wheel chair, unless you can grip and wheel yourself then you are reliant on some to help you.
In your third paragraph you state 'The HP stated the wheelchair was not prescribed by a health professional' but in your fourth paragraph you state 'I remember being told by doctors and other medical professionals that there was a long waiting list for wheelchairs and very rarely prescribed' therefore the wheelchair was prescribed by a health professional.
This is how you put an appeal together, look for the inconsistency in the HP report, which is why we always say to forum members ask for a copy of the assessors report, it is key to any MR or Appeal.
Gary
Yes they do take into consideration any aids you use and why you use them, they also take into account aids that you cannot use due to your disability such as a wheel chair, unless you can grip and wheel yourself then you are reliant on some to help you.
In your third paragraph you state 'The HP stated the wheelchair was not prescribed by a health professional' but in your fourth paragraph you state 'I remember being told by doctors and other medical professionals that there was a long waiting list for wheelchairs and very rarely prescribed' therefore the wheelchair was prescribed by a health professional.
This is how you put an appeal together, look for the inconsistency in the HP report, which is why we always say to forum members ask for a copy of the assessors report, it is key to any MR or Appeal.
Gary
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- wing
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3 years 8 months ago #261227 by wing
Replied by wing on topic Telephone Appeal
Hi Gary
Just received a hearing date through the post for Tuesday, 27th July. Giving me just under 28 days notice, it was dated 30th June.
This is going to be a telephone hearing again. I have to confirm my telephone number and any other person's name and number to the hearing by ringing the Tribunal or emailing them 10 days before the hearing.
I have not received the extra evidence the Judge asked for from the Tribunal service yet. I will mention it when I email them.
I do hope they remember to send it to the other members of the Tribunal this time. But I will also gently remind them of this too.
I really can't wait to get this over and done with now whatever the outcome.
Just received a hearing date through the post for Tuesday, 27th July. Giving me just under 28 days notice, it was dated 30th June.
This is going to be a telephone hearing again. I have to confirm my telephone number and any other person's name and number to the hearing by ringing the Tribunal or emailing them 10 days before the hearing.
I have not received the extra evidence the Judge asked for from the Tribunal service yet. I will mention it when I email them.
I do hope they remember to send it to the other members of the Tribunal this time. But I will also gently remind them of this too.
I really can't wait to get this over and done with now whatever the outcome.
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- Gary
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3 years 8 months ago #261232 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
In principle, it should be no different from a face to face appeal, there should still be three members on the panel although it is possible that there will be less. The questioning will still be about your limitations in regard to the PIP activities.
Some practical advice;
- have a glass or better still a jug of water available
- make sure you are seated in a comfortable chair, you are going to be there a while
- create a bullet list of any issues you want to be covered
- have the papers available, so you will need to be sitting at a table or similar, if you need to refer to a particular document then do so using the handwritten number usually in the right-hand top corner
- pen and paper in case you need to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
Note - you cannot record the hearing even for personal purposes
Let us know the outcome once you know, good luck.
Gary
In principle, it should be no different from a face to face appeal, there should still be three members on the panel although it is possible that there will be less. The questioning will still be about your limitations in regard to the PIP activities.
Some practical advice;
- have a glass or better still a jug of water available
- make sure you are seated in a comfortable chair, you are going to be there a while
- create a bullet list of any issues you want to be covered
- have the papers available, so you will need to be sitting at a table or similar, if you need to refer to a particular document then do so using the handwritten number usually in the right-hand top corner
- pen and paper in case you need to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
Note - you cannot record the hearing even for personal purposes
Let us know the outcome once you know, good luck.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- wing
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3 years 7 months ago #261735 by wing
Replied by wing on topic Telephone Appeal
I have still not received the bundle that the Tribunal said they were sending out with the additional evidence that I provided. So, I rang them and they said it was sent last week. I expressed my concern that the hearing is a week tomorrow and I really don't want it adjourned for the 3rd time.
The clerk said she would contact the Processing Centre and ask them to email me. It looks like the DWP have not supplied the DLA documents requested by the Judge but I will not know this for sure until the PC contact me.
I said, I did not know exactly what documents the Judge wanted but I could supply copies of the letter I received every year with the DLA increase and the component I am entitled to.
A thought crossed my mind, does the Tribunal take into account the DLA award I had before being asked to apply for PIP?
Does the medical evidence only count from when you applied for PIP even though you had been awarded DLA?
My disabilities have not changed and I receive no further treatment from medical professionals or attend hospital or specialists anymore. There is no cure for my chronic conditions and only if my conditions change for the worse will I need to seek medical attention.
Is this why I have been refused PIP, I wonder?
The clerk said she would contact the Processing Centre and ask them to email me. It looks like the DWP have not supplied the DLA documents requested by the Judge but I will not know this for sure until the PC contact me.
I said, I did not know exactly what documents the Judge wanted but I could supply copies of the letter I received every year with the DLA increase and the component I am entitled to.
A thought crossed my mind, does the Tribunal take into account the DLA award I had before being asked to apply for PIP?
Does the medical evidence only count from when you applied for PIP even though you had been awarded DLA?
My disabilities have not changed and I receive no further treatment from medical professionals or attend hospital or specialists anymore. There is no cure for my chronic conditions and only if my conditions change for the worse will I need to seek medical attention.
Is this why I have been refused PIP, I wonder?
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- wing
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3 years 7 months ago #261736 by wing
Replied by wing on topic Telephone Appeal
I have filled in the forms, giving all the details of my conditions and stating what I can and cannot do, what help I need etc according to the descriptors. Also, a letter written by my carer.
I have suppled medical evidence from hospital consultants and therapists from when I was first diagnosed but nothing from the last two years as I have not had any appointments or needed any treatments. One condition is a chronic one and is lifelong, there is no cure. Another was cancer which was treated but left me with disabilities which again, I have to live with as there is no medication or cure.
The hearing is next Tuesday, and I'm now having doubts that I will win the appeal if they are basing it on from when I applied for PIP and medical evidence from that date.
I hope this makes sense. I am now beginning to see how they have turned down so many even though they still have a disability and fit the descriptors needed.
I have suppled medical evidence from hospital consultants and therapists from when I was first diagnosed but nothing from the last two years as I have not had any appointments or needed any treatments. One condition is a chronic one and is lifelong, there is no cure. Another was cancer which was treated but left me with disabilities which again, I have to live with as there is no medication or cure.
The hearing is next Tuesday, and I'm now having doubts that I will win the appeal if they are basing it on from when I applied for PIP and medical evidence from that date.
I hope this makes sense. I am now beginning to see how they have turned down so many even though they still have a disability and fit the descriptors needed.
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- BIS
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3 years 7 months ago #261739 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Telephone Appeal
Hi Wing
After your long journey - try not to get down about the outcome before the Tribunal actually happens.
It is up to the DWP have provided your DLA evidence. Don't be surprised if they come back and say they don't have the records! There's no particular value in providing them with the yearly notice that you were in receipt of it.
The Panel will be looking at how you meet the PIP criteria - however, they are interested in why you were receiving benefits for so long, where has your condition improved to justify them saying you no longer need them.
The wheelchair issue is ridiculous. I have a relative who cannot walk and has to use a wheelchair if he leaves the house (and one is borrowed when needed from the transport services)- but one has never been prescribed for him. When he was assessed for PIP they still agreed he couldn't walk.
I really hope it goes well for you. It sounds like you have done everything you can do to provide them with the information they want.
BIS
After your long journey - try not to get down about the outcome before the Tribunal actually happens.
It is up to the DWP have provided your DLA evidence. Don't be surprised if they come back and say they don't have the records! There's no particular value in providing them with the yearly notice that you were in receipt of it.
The Panel will be looking at how you meet the PIP criteria - however, they are interested in why you were receiving benefits for so long, where has your condition improved to justify them saying you no longer need them.
The wheelchair issue is ridiculous. I have a relative who cannot walk and has to use a wheelchair if he leaves the house (and one is borrowed when needed from the transport services)- but one has never been prescribed for him. When he was assessed for PIP they still agreed he couldn't walk.
I really hope it goes well for you. It sounds like you have done everything you can do to provide them with the information they want.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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