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tribunal review
- lilycat
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2 years 11 months ago #268654 by lilycat
tribunal review was created by lilycat
Hello
I applied for pip in June 21, I had an assessment in October, and i was awarded standard mobility, I raised a Mandatory reconsideration, this was refused. So i applied to the Tribunal, I have had an email saying they have sent the information and expect a decision by 23/3/22. since then i have a MSK appt and found out that the Knee pain she still thinks is a patella deformity and will not be cured by surgery. I have issues with the other knee now also. I have fybromalga, herniated discs both sides of neck, osteoathritis in knees, back fingers/thumbs/neck. diagnosed with CFS/ME 13 years ago. I cannot walk far, get exhausted, im on so much medication including butrans patches, and dihydracodeine. I suffer with sciatica and migraines, and cannot sit or strand for long. i am in constant pain 24/7. also have torn rotator cuff injury due to a fall. carpel tunnel both hands. They know all this and i get ESA at enhanced rate, as well as the basic mobiltity Pip payment.
What can i do to help this claim? still waiting on letter from MSk with a referal back to Pain Management. So cannot confirm to them what she told me.
Is there anything more i can add that will help with the tribunal case? and where do i go from here if it fails?
thank you
I applied for pip in June 21, I had an assessment in October, and i was awarded standard mobility, I raised a Mandatory reconsideration, this was refused. So i applied to the Tribunal, I have had an email saying they have sent the information and expect a decision by 23/3/22. since then i have a MSK appt and found out that the Knee pain she still thinks is a patella deformity and will not be cured by surgery. I have issues with the other knee now also. I have fybromalga, herniated discs both sides of neck, osteoathritis in knees, back fingers/thumbs/neck. diagnosed with CFS/ME 13 years ago. I cannot walk far, get exhausted, im on so much medication including butrans patches, and dihydracodeine. I suffer with sciatica and migraines, and cannot sit or strand for long. i am in constant pain 24/7. also have torn rotator cuff injury due to a fall. carpel tunnel both hands. They know all this and i get ESA at enhanced rate, as well as the basic mobiltity Pip payment.
What can i do to help this claim? still waiting on letter from MSk with a referal back to Pain Management. So cannot confirm to them what she told me.
Is there anything more i can add that will help with the tribunal case? and where do i go from here if it fails?
thank you
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- Gary
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2 years 11 months ago #268672 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic tribunal review
Hi lilycat
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
Ideally you need to complete a submission to send to HMCTS, the first thing you need to do is get a copy of the assessors report called a PA4.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for an appeal and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Have a look at our PIP MR & Appeal guide, www.benefitsandwork.co.uk/help-for-claimants/pip
When I do a submission for each area that I disagree with I write down what the assessor has ticked, I then write down what I believe should have been awarded and then explain why I believe what I should have been awarded and if possible tie it in with any supporting documents.
I did one last week, the assessor had written not currently receiving any specialist support, I had a supporting letter from a psychiatrist which stated the claimant was receiving on going support. Check our guides on how to complete a submission.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
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
Ideally you need to complete a submission to send to HMCTS, the first thing you need to do is get a copy of the assessors report called a PA4.
When you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and you will now be able to argue against them.
I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are applying for an appeal and go through each descriptor one at a time why you disagree with the assessor and try and match it with any supporting documents you may have sent in.
Understand that the assessor is offering an opinion when they say 'in my opinion' you can do the PIP activities, tackling these head-on is unlikely to be successful, you need to show that the basis of that opinion is founded on incorrect information, so try and refer to your evidence to undermine what they have said, remember they are just an opinion which is not based on fact.
Also, try and stick to issues that lead to your scoring points, I often hear members referring to the assessors spelling, as an example, whilst it may show a lack of professionalism, raising it as an issue isn't going to help you get an award.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
Lastly, make sure that you understand the criteria that you are being assessed against you can put the best case forward that is possible but you won't score points if you do not meet the PIP Descriptors.
Have a look at our PIP MR & Appeal guide, www.benefitsandwork.co.uk/help-for-claimants/pip
When I do a submission for each area that I disagree with I write down what the assessor has ticked, I then write down what I believe should have been awarded and then explain why I believe what I should have been awarded and if possible tie it in with any supporting documents.
I did one last week, the assessor had written not currently receiving any specialist support, I had a supporting letter from a psychiatrist which stated the claimant was receiving on going support. Check our guides on how to complete a submission.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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