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Lost job during PIP claim at tribunal stage

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6 days 3 hours ago #315321 by Ronnie
Replied by Ronnie on topic Lost job during PIP claim at tribunal stage
Thank you, LL26...

I have opted for a paper-based 'hearing' because there is no way in this world that I could manage to attend in person under any circumstances without severe harm to myself. I would freeze and convey nothing about my situation. I clam up completely on the phone too.

My original claim was correct, but I didn't know what I was doing and I knew nothing about PIP. I had no help either. It was very descriptive in parts but obvious to me later that it was an easy target for refusal.

I was severely distressed on the phone at my Health Assessment, but masked it just to get through it and get it over with without conveying anything of my situation. The Health Assessor was callous with his first question, and I knew instinctively that he had already made his decision.

My appeal was better: more detailed towards the descriptors because at this stage, after months of thinking about the details of my conditions and how they affect me, and with help from this website, I understood more about what to say and how to say it. I can be quite confident when writing, but I am completely hopeless on the phone or face-to-face.

I have completely stayed away from the point-scoring side of things. Numbers are not my thing and it all addles my brain. I decided that it should be the job of the tribunal to work that side of things out - it is just all too much for me so I concentrated on being as descriptive as I could in my Mandatory Reconsideration (zero points) and my appeal.

All I can do now is wait, I guess. I did supply further information to the tribunal after reading my PA4, which arrived late due to me requesting it verbally and via tracked letters SIX times in total.

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4 days 7 hours ago #315338 by LL26
Hi Ronnie,
Make sure that the Tribunal knows why you elected for a paper hearing. If you haven't already, explain all the difficulties, especially what you have said about the assessment in your recent post.
Again, if you haven't already try and pin down things you can prove are wrong with the assessment/decision. I had a comment once that the claimant walked to visit his mother several times over week. This wasn't possible since she had passed away many years before. Look Point out inconsistencies as well. This is best done with bullet points picking out the worse errors rather than a long essay.

Don't worry about the points amounts. I only suggest this because if you can try and work out what points are correct on each descriptor this will give you a better focus and you can then concentrate on this. There is nothing wrong in telling the tribunal 'I should get 2 points for X because ...'
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ronnie

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2 days 22 hours ago #315354 by Ronnie
Replied by Ronnie on topic Lost job during PIP claim at tribunal stage
Thank you LL26...

Other than points, I did mention all of these things in my appeal. For example, the Health Assessor said in one paragraph that "today is a good day", and in the following paragraph they said, "Today is a bad day". I pointed out in my appeal that, as well as the ridiculous inconsistency, I was in no way having a "good day" at all, and that this type of nonsense and gibberish (there was more!) from two complete strangers (the Health Assessor and Decision Maker) was dictating my future.

I went into some detail about why I couldn't attend (in person or on the telephone), and the effect that it would have on me if I did. I know I am at a big disadvantage in not attending so I felt I had to let the tribunal know that I was protecting my health at all costs, and that my stress-related mutism would put me at a complete disadvantage if I DID attend.

The biggest problem I have faced is having no medical evidence of my mental health issues. I know it is said that you don't need this evidence, but you do. You will be refused PIP if you don't have it, at least in the first and second stages, and in my experience. So far I have hit a brick wall and their refusal has been an "easy one". They can't just go off peoples' word, and I do understand why. I have never been to a doctor about my mental health, and have been unable to open up about it. I went into details about why this is.

Since losing my job I have contacted the doctor, and I am in the early stages of building up some evidence (something I can show to the DWP and/or the tribunal) but it may have to be used if and when I get turned down and have to reapply for PIP.

Thank you again LL26 and BIS for your help. It's good to feel heard.

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2 days 11 hours ago #315367 by LL26
Hi Ronnie,
Looks like you're on the right track!
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Ronnie

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