PIP Appeal Tomorrow

HI

I am going through the appeal papers , on page 26 of the HCP report for PIP , the HCP is asked

"based on claimants likely future circumstances , it would be appropriate to review claim in :

and she has put 2 years 0 months

then in box "justification for reveiw period choice :

she has put : " Although she has further investigations planned , she suffers from chronic conditions which are unlikely to change significantly over time . Therefore , no review would be required"

this is written by a HCP who consistently written on each page "although she reports ...she has no significant condition ...etc"

i have submitted my response to the tribunal , and it is the hearing is tomorrow. If the appeal is not allowed , does that mean , by the top statement , i can not reapply for 2 years? or am i just being thick here, and see a contradiction in terms of the above justification..given the report is not fit for purpose?

thanks in advance.

raindaisy wrote: HI

I am going through the appeal papers , on page 26 of the HCP report for PIP , the HCP is asked

"based on claimants likely future circumstances , it would be appropriate to review claim in :

and she has put 2 years 0 months

then in box "justification for reveiw period choice :

she has put : " Although she has further investigations planned , she suffers from chronic conditions which are unlikely to change significantly over time . Therefore , no review would be required"

this is written by a HCP who consistently written on each page "although she reports ...she has no significant condition ...etc"

i have submitted my response to the tribunal , and it is the hearing is tomorrow. If the appeal is not allowed , does that mean , by the top statement , i can not reapply for 2 years? or am i just being thick here, and see a contradiction in terms of the above justification..given the report is not fit for purpose?

thanks in advance.

Hi rd,

The comments made by The PIP Assessor are just "recommendations", albeit contradictory recommendations !

In the unfortunate event that your appeal fails tomorrow, there is nothing to stop you making a fresh claim for PIP straight away.

You would also have the option of seeking leave to appeal to The Upper Tier, if you could show that The Tribunal had erred in law in coming to any adverse decision.

Positive thoughts coming your way, and fingers crossed for you !!!!

Please let us know how you got on !!

bro58

Thank you bro58..and all of you , your site is a god send ,

i had gall bladder surgery 11 days ago, was worried i might not make it to appeal as FM has not helped the healing process, but i will go , as want this all done and out of the way. i am not able to drive and the only person who can me is my OH , who I care for!!

i have to think about it , he is really the person who sees and helps me at my worst times, even thou it would be a huge effort for him to come too, i just cant help thinking he is next on the government hit list , as in SG and on DLA, for stroke and heart lung and blood disease. !
thanks again.

raindaisy wrote: Thank you bro58..and all of you , your site is a god send ,

i had gall bladder surgery 11 days ago, was worried i might not make it to appeal as FM has not helped the healing process, but i will go , as want this all done and out of the way. i am not able to drive and the only person who can me is my OH , who I care for!!

i have to think about it , he is really the person who sees and helps me at my worst times, even thou it would be a huge effort for him to come too, i just cant help thinking he is next on the government hit list , as in SG and on DLA, for stroke and heart lung and blood disease. !
thanks again.

Hi rd,

You are most welcome !!!

You should explain to The Panel about your operation, and how difficult it has been for you and OH to attend.

Although you should remember that they will only be "re-looking" at how you were at the time of the adverse decision and not how you have been at any time since.

I wouldn't necessarily volunteer information regarding you being "carer" for OH, unless they ask you specifically.

You should obviously not tell "lies" but you are under no obligation to volunteer information.

If the subject of you caring for OH is brought up, you should be prepared with counter arguments regarding how the type of care that you provide for him is not contrary to your stated limitations.

"Care" does not have to be of a physical nature alone, it can be supervisory, watching over, comforting, reminding and coaxing, helping with medication, etc, etc.

Best of luck !!!

bro58

Hi rd,

A quick footnote before I log off :

"Although you should remember that they will only be "re-looking" at how you were at the time of the adverse decision and not how you have been at any time since."

Taking the above into account, your "caring" responsibilities could only be brought up by The Panel if you were providing the "care" at the time of the adverse decision. ( If they are aware of it)

As advised in my previous post, this being the case, if it is brought up, have your counter arguments ready.

bro58

hi bro i posted under a new topic ,

my husband was there today , and looked like cr*p!! I think they took into account the caring i do for him, albeit mainly monitoring persuading etc...

i scored 8 pts fr moving around and 0 for Care. But its ok. i was expecting nothing at all .

Thanks Bro