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Written Submission - PIP Appeal
- Dib
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5 years 3 weeks ago #229617 by Dib
Written Submission - PIP Appeal was created by Dib
Hi
My carer is just started to prepare my written submission for my appeal. I understand that it is a good idea to do one to enable the Tribunal Members to get the general gist of the appeal without having to trawl through every bit of paper in the bundle, I understand that it should be on a few pages, however just on the HP Atos PIP Consultation Report Form PA4 it is packed full of things that was not stated, missing things that I did say and just outright B*ll**cks. I had a home visit and the HP [Nurse] did no Physical Examination at all, I was seated in a electric rise/lower chair. However in the Report and the MR it states a number of times that the physical examination shows! The PA4 form has a whole A4 page with the physical examination that took place!!!!. As a brief example it states External hip rotation less than 45 degrees (right outward rotation reduced) + a list of 42 others. Now the HP Nurse must be bloody good. However it does not mention anywhere that I have 1 leg shorter than the other! strange that. So would it be better to put all the mistakes contained in the report into the written submission or bring it up at the tribunal? As a cautionary tale. My carer was put in the report as my partner which he is not as I live alone. I have now been invited for an interview under caution regarding my living arrangements in respect of my ESA [Support Group]. Happy Days
My carer is just started to prepare my written submission for my appeal. I understand that it is a good idea to do one to enable the Tribunal Members to get the general gist of the appeal without having to trawl through every bit of paper in the bundle, I understand that it should be on a few pages, however just on the HP Atos PIP Consultation Report Form PA4 it is packed full of things that was not stated, missing things that I did say and just outright B*ll**cks. I had a home visit and the HP [Nurse] did no Physical Examination at all, I was seated in a electric rise/lower chair. However in the Report and the MR it states a number of times that the physical examination shows! The PA4 form has a whole A4 page with the physical examination that took place!!!!. As a brief example it states External hip rotation less than 45 degrees (right outward rotation reduced) + a list of 42 others. Now the HP Nurse must be bloody good. However it does not mention anywhere that I have 1 leg shorter than the other! strange that. So would it be better to put all the mistakes contained in the report into the written submission or bring it up at the tribunal? As a cautionary tale. My carer was put in the report as my partner which he is not as I live alone. I have now been invited for an interview under caution regarding my living arrangements in respect of my ESA [Support Group]. Happy Days
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5 years 3 weeks ago #229638 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Written Submission - PIP Appeal
Dib
Remember, a Tribunal Decision will not be made by you showing the assessment report is wrong but only by your showing that you meet the criteria for an award. I'm not saying you should ignore the report but it must be a secondary focus and where you do stick to issues that lead to your scoring, you don't want to waste the panel's time with issues that may in reality be trivial.
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
Remember, a Tribunal Decision will not be made by you showing the assessment report is wrong but only by your showing that you meet the criteria for an award. I'm not saying you should ignore the report but it must be a secondary focus and where you do stick to issues that lead to your scoring, you don't want to waste the panel's time with issues that may in reality be trivial.
Whilst an inaccurate report is almost certain to have played a part you also need to consider whether you have properly explained your problems in your claim form, is it possible that you have misunderstood the Descriptors, described your problems in terms that do not match the Descriptors or failed to make appropriate use of the reliability criteria or the need for your limitations to be present on the majority of days to be considered?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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