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Tribunal advice
- Izzy26
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1 year 10 months ago #277912 by Izzy26
Tribunal advice was created by Izzy26
Hi, I've had my pip application rejected and after the MR its rejected again so i want to keep going. I am very disheartened but i know how much pain i am in everyday and i know i have to give up working full time due to my issues and no one seems to understand. How do i go from here?
I have hypermobility, fibromyalgia, asthma, eating disorder, anxiety, depression and have an appointment friday to discuss endometriosis. Im so frustrated and don't know what to do! Has anyone had the same?
I have hypermobility, fibromyalgia, asthma, eating disorder, anxiety, depression and have an appointment friday to discuss endometriosis. Im so frustrated and don't know what to do! Has anyone had the same?
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- LL26
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1 year 10 months ago #277925 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Tribunal advice
Hi Izzy26,
Unfortunately there are many instances where DWP have simply ignored the disabilities of the claimant, sometimes even when there is very strong medical evidence. Why this happens, I have no idea. Hidden disabilities are of course more difficult to explain.
However I am personally aware of many cases where zero points are awarded, but then on appeal the tribunal correctly identified sufficient points to give rise to enhanced rate on both daily living and mobility. Whilst clearly frustrating the most important advice I can offer is not to give up.
Make sure you go through each descriptor and make sure you understand what is required, what you have to prove etc. The members guides are really helpful for this. Be very definite in your explanations. If you say 'sometimes I cannot do X' this is very vague, and DWP will always prefer the 'sometimes' that means not very often, whereas what you actually mean could be the exact opposite! If you say eg for the majority of days I can't do X, or At least 6 days a week I can't do X, is much stronger and less vague than 'sometimes'.
Also words like "I struggle..." can be taken to mean its a bit of an effort, but I can manage and won't get points. However, if you say eg, it is very dangerous for me to attempt to cook without physical help. My hands can suddenly become very shaky and I lose grip. There have been many occasions where I have cut myself or burnt myself....etc this is much stronger than just I struggle to cook due to shaky hands. Make sure you give examples.
Don't worry about what DWP has said, many people get refused but are successful on appeal. Make your appeal application as strong as possible using examples of what goes wrong etc. Get a friend or relative to write a statement explaining the difficulties you have with PIP activities. If you can get medical reports.
This will give you the best possible chance of success.Just keep at it!
Best of luck.
Let us know how you get on.
LL26
Unfortunately there are many instances where DWP have simply ignored the disabilities of the claimant, sometimes even when there is very strong medical evidence. Why this happens, I have no idea. Hidden disabilities are of course more difficult to explain.
However I am personally aware of many cases where zero points are awarded, but then on appeal the tribunal correctly identified sufficient points to give rise to enhanced rate on both daily living and mobility. Whilst clearly frustrating the most important advice I can offer is not to give up.
Make sure you go through each descriptor and make sure you understand what is required, what you have to prove etc. The members guides are really helpful for this. Be very definite in your explanations. If you say 'sometimes I cannot do X' this is very vague, and DWP will always prefer the 'sometimes' that means not very often, whereas what you actually mean could be the exact opposite! If you say eg for the majority of days I can't do X, or At least 6 days a week I can't do X, is much stronger and less vague than 'sometimes'.
Also words like "I struggle..." can be taken to mean its a bit of an effort, but I can manage and won't get points. However, if you say eg, it is very dangerous for me to attempt to cook without physical help. My hands can suddenly become very shaky and I lose grip. There have been many occasions where I have cut myself or burnt myself....etc this is much stronger than just I struggle to cook due to shaky hands. Make sure you give examples.
Don't worry about what DWP has said, many people get refused but are successful on appeal. Make your appeal application as strong as possible using examples of what goes wrong etc. Get a friend or relative to write a statement explaining the difficulties you have with PIP activities. If you can get medical reports.
This will give you the best possible chance of success.Just keep at it!
Best of luck.
Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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