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Turned down after mandatory reconsideration

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9 years 4 months ago #148768 by Gordon
Replied by Gordon on topic Turned down after mandatory reconsideration

Valerie wrote: We have been to tribunals before and there is one in the area of Sunderland where they live where he has been before .....but for the pip assessment he was messed about being sent too far away (would have to have got 2 trains !) ..then changed it to a very difficult place to get to in the centre of Newcastle ! Is it allowable to say where you want to be heard ??


There's no reason why you cannot ask for a specific venue but I would also include more general information about things that he cannot do, for example; travelling on a train.

Gordon

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9 years 4 months ago #148776 by Valerie
Replied by Valerie on topic Turned down after mandatory reconsideration
I was not logged in, so perhaps it was for members only ..I am a paid up member, signed in again and works fine ...thank you
The following user(s) said Thank You: Gordon

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9 years 4 months ago #148778 by Valerie
Replied by Valerie on topic Turned down after mandatory reconsideration
He freaked out when he thought he had to go to that one even though one of us would have been with him ....the appointment was, if I remember correctly, around 9.a.m. !!! Surely they must do this sort of thing on purpose ...at the moment his wife is looking through all last papers as she feels sure she had seen something along the lines of someone with epilepsy should be assessed by someone experienced in it or they will have no understanding of what epileptics go through during a seizure and how it affects their daily life even the day after ...any ideas on that ...he is seeing the specialist regarding the sleep apnoea this afternoon and his dad has gone with him, because he forgets most of what he is told ...which was another thing the PIP assessor left out of her report, how he is experiencing loss of memory after an attack of what happened the few hours leading up to it ...we told her about it ....and she left it out of the report !!
I must go get some meds for a splitting headache, I can only imagine how he feels himself now and his wife will be on 'seizure watch' ....it never ends does it ...
Thank you sooo much, I do tell folk about this group and hope they have joined and subscribed ..

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9 years 4 months ago #148782 by Gordon
Replied by Gordon on topic Turned down after mandatory reconsideration
Valerie

The default position be the DWP and a Tribunal panel will be that all assessors are trained to an appropriate standard in disability assessment and that there is no specific requirement for them to have knowledge of a particular condition for them to produce an accurate assessment of how the claimants conditions effect there abilities with regard to the PIP activities.

You would need to show that the assessors lack of knowledge resulted in them making fundamentally incorrect assumptions on the effects of the conditions and that this led them to incorrectly recommend the points for relevant activities.

As an absurd example; if they stated that there was no risk of a claimant losing consciousness during an attack and that there was therefore no risk of them drowning while bathing, then this might be sufficient, however, showing that the assessment report is fundamentally flawed may simply result in a new one being ordered with the possibility of a new face to face.

To be clear, I am not suggesting that you do not draw the panels attention to these types of issues but they will not result in an award, this will only happen if you can show that your son meets the criteria for one, so you need to sit down with his PIP2, the PIP Claim guide and the assessment report to understand those areas where the assessor has stated that he has no problem and show that he does.

Gordon

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9 years 4 months ago #148786 by Valerie
Replied by Valerie on topic Turned down after mandatory reconsideration
Thank you Gordon

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