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PIP tribunal

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2 years 2 months ago #275076 by Lomati
PIP tribunal was created by Lomati
Hi all.
I need advice on how to apply for a PIP tribunal.
I can’t get my head around what I’m supposed to do and don’t want to miss my deadline which is end of this month NOVEMBER 2022.
Despite using wording and arguments set out in the BW guides I still lost my mandatory reconsideration and so am wanting to go to tribunal.
Please can anyone point me in the right direction as all the information I am reading is just going over my head.
My main health condition is CFS/ME but also diagnosed and badly affected by anxiety and depression.
There is also fibromyalgia and osteoarthritis and migraine.
I am on a waiting list for Autism diagnosis and waiting for a neurologist to look into possible MS.

Will it matter in 10 minutes, 10 hours, 10 days, 10 weeks, 10 months, 10 years.

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2 years 2 months ago - 2 years 2 months ago #275104 by Gary
Replied by Gary on topic PIP tribunal
Hi Lomati

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

I am not sure from your post if you have requested a copy of the assessors report called a PA4, you will need this to see what the assessor wrote about you, quite often I hear from claimants when they get the report, it is as if the report is about someone else.

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.

Usually you have to appeal withing one month of the decision date, but you can make an out of time appeal with good cause, the max time is 13 months.

I usually use a highlighter to highlight any inaccuracies, once you have gone through the report you then set out why you are appealing 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; benefitsandwork.co.uk/guides-for-claimants/pip

You can either appeal on line or send in a paper appeal on a form called a SSCS1 form. www.gov.uk/appeal-benefit-decision

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
Last edit: 2 years 2 months ago by Gary.

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