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PIP tribunal adjournment notice - I'm confused!

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8 years 5 months ago #144235 by Ellen
thanks to you both - I did ring up on friday 13th as soon as I got the letter to ask what was going on/why they had done the MR early -the lady I spoke to said she would email someone to find out . I'll give them the start of this week and then ring again to find out/ask to sumbit an appeal.

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8 years 4 months ago #145699 by Ellen
I am trying to write my PIP appeal form/letter (the grounds for appeal section), and I want to say /point out to the tribunal that (as far as I am aware!) the PIP awarding of points states that if you can't complete an activity reliably, repeatedly and in a reasonable length of time, then you should be classed as that you can't complete the activity - but I can't think of a way of writing that without it sounding as though I'm quoting their own rules as them. Can someone give me some help as to how to remind them about that aspect.
(for me it's my OCD which means I take a very very long time to do certain things, irrespective of support or prompting).
thanks

abby

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8 years 4 months ago #145712 by Gordon
Abby

The Tribunal panel and in particular the Judge should be aware of all aspects of the law in regard to PIP so you might want to turn it around and say something like "I do not believe the Decision Maker has paid adequate attention for the PIP activities to be completed reliably, because of my OCD it takes me more than twice as long as the maximum period that a person without a physical or mental condition which limits that person’s ability to carry out the activity in question would normally take to complete that activity", feel free to make it more user friendly :)

The section in bold is an excerpt from the definition contained in the PIP legislation.

You need to, if it is not already documented, explain what your ritual is for a particular activity, whether you always have to perform the ritual or if it is only sometimes and when and the time it takes to complete. Also, what can effect the ritual, for example; do you have to restart it it interrupted or something goes wrong.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 4 months ago #145744 by Ellen
thanks - that's brilliant help.
My next task is to try to get my wording right to argue about not being able to follow unfamilar journeys because of the way my mental health affects my cognitive ability....which I know is a tricky one.

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8 years 4 months ago #145905 by Ellen
I'm sure it's been posted before (I remeber reading something but can't find the the thread again) - I am trying to write my appeal regarding PIP qu 11 Planning and following journeys.

I was awarded 11b - needs prompting, and the HP report put down

' she reports that she needs to be accompanied to make unfamilar journeys due to her mental health. Taking into account her complex mental health conditions, it would be reasonable to believe that she would have difficulties following unfamilar routes unaided. She therefore requires prompting to undetake any journey to avoid overwhelming psychological distress.'

But I would have thought that reading that, it was fitting with descriptor d not b. I can't see how they came to their choice?

I explained/wrote on my form why I am unable to use public transport, and need to be accompanied on unfamilar journeys (which is pretty much never), because of the impact my mental health has on my cognative ability - in that I need more than just prompting, and need another person to be in control/navigate/keep me safe etc.

I'm going round in cirlces in my own head and trying to write an appeal but I can't find the right words.

Please can someone give me a hand as to any suggestions.
thanks

abby

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8 years 4 months ago #145910 by Gordon
Abby

Have a look in the PIP section under Appeals, there are several documents that cover this, primarily you need to show that prompting would be insufficient to relieve any anxiety.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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