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I won my PIP tribunal!!!!!!!

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8 years 2 months ago #151549 by claire becki
I won my PIP tribunal!!!!!!! was created by claire becki
Hi,
I have finally been set a date for my Tribunal hearing (3rd of march) after 6 months of this stressful and worrying process.
I have ulcerative colitis, back pain and anxiety & depression.
I was on DLA high rate for both components for 8 years prior to being reassessed for the transition to PIP.
I was awarded 1 point for medication.

I've been looking through my paperwork and noticed that the response to appeal from the DWP has a pattern of the same argument for most of the points I've disputed. They state that exacerbations are only once a week therefore for the majority of time consider I am able to do the activity.

I wrote a long detailed reconsideration stating how many days per week I had problems with each activity (roughly) and I have never said once per week ever throughout this whole process so I was confused where that info had come from.

Then I noticed on one of the paragraphs they referred to my ESA report 'exacerbations of her condition are once per week and this has been confirmed by the ESA report' ( this is from a report done 4 months earlier where I was going into remission after a 7 month relapse of my colitis and my incontinence had gone down to around once weekly)
Can they use this information to justify their decision as its not information from the period of my claim? I find it funny how they don't use any other reference to the report that was all in my favour. I was placed in the support group. At the ESA assessment the nurse stopped the interview after 20 mins and said she didn't need to ask me any further questions on any of my other conditions and that the assessment was complete.
Also further down in the response to my appeal the DWP state ' I can accept that during her exacerbations of her condition she may have difficulties however this is only once per week therefore I consider the majority of time she able to .......'
I can't believe I am only just seeing this but I've been so stressed.
Do you think this could be an error and help favourably in my case?

Thank you

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8 years 2 months ago #151599 by Gordon
Replied by Gordon on topic I won my PIP tribunal!!!!!!!
C

Welcome to the forum

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Like you, the DWP can use any evidence that they believe is relevant to your claim.

It sounds as if the time that you are limited by your conditions is fundamental to you claim so your need to address this with the Tribunal and explain why you were only affected 1 day a week (if you were) for ESA and for the majority of the time for PIP.

Gordon

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

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8 years 2 months ago - 8 years 2 months ago #152601 by claire becki
Replied by claire becki on topic I won my PIP tribunal!!!!!!!
I am so happy and relieved after 6 months of stress and worry i won my tribunal today!
I just wanted to share this with everyone who is going through the same process as a source of encouragement.......DO NOT GIVE UP!

I suffer with Ulcerative colitis, Depression& anxiety and back pain from a prolapsed disc.

I was originally awarded 0 points for both components and then from the reconsideration i was awarded 1 point for medication.

Today i was awarded enhanced rates for both components!!! (same award of DLA for the past 8 years)

we were the first appointment but had to wait for 25 minutes in the waiting room and i was getting increasingly anxious and stressed.Eventually we were called (myself and husband) and
I had a panic attack on the way to the room where the tribunal panel were waiting, I was directed to sit down on the middle chair and there in front of me was the decision already written!

The decision letter states that the decision was based primarily on the evidence from my health care professionals letters. So it is vital that you get as much supporting medical evidence as possible.

A huge thank you to B&W i couldn't have got through it without all of the advice from the forums and members only guides.
Last edit: 8 years 2 months ago by .
The following user(s) said Thank You: LindaLou22

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8 years 2 months ago #152657 by
Replied by on topic I won my PIP tribunal!!!!!!!

claire becki wrote: I am so happy and relieved after 6 months of stress and worry i won my tribunal today!
I just wanted to share this with everyone who is going through the same process as a source of encouragement.......DO NOT GIVE UP!

I suffer with Ulcerative colitis, Depression& anxiety and back pain from a prolapsed disc.

I was originally awarded 0 points for both components and then from the reconsideration i was awarded 1 point for medication.

Today i was awarded enhanced rates for both components!!! (same award of DLA for the past 8 years)

we were the first appointment but had to wait for 25 minutes in the waiting room and i was getting increasingly anxious and stressed.Eventually we were called (myself and husband) and
I had a panic attack on the way to the room where the tribunal panel were waiting, I was directed to sit down on the middle chair and there in front of me was the decision already written!

The decision letter states that the decision was based primarily on the evidence from my health care professionals letters. So it is vital that you get as much supporting medical evidence as possible.

A huge thank you to B&W i couldn't have got through it without all of the advice from the forums and members only guides.


Hi cb,

Brilliant News !!! :cheer:

Well done for fighting your corner and winning !!

Thanks for the feedback and your kind words regarding B&W !! :)

It can take 4-8 weeks to action a Tribunal decision, but it could be sooner.

If you haven't heard by the 4-5 weeks mark you could contact PIP and give them a nudge !!

bro58

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8 years 2 months ago #152670 by Johnny
Replied by Johnny on topic I won my PIP tribunal!!!!!!!
Delighted for you.

I am expecting an appeal date myself for PIP having sent off a submission. Asperger's/Depression, diagnosis for both with care plan etc. I'm challenging 7 daily/4 mobility....

Can I ask how long a period the award is for?
The following user(s) said Thank You: claire becki

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8 years 2 months ago #152677 by slugsta
Replied by slugsta on topic I won my PIP tribunal!!!!!!!
That's great news Claire! Thanks for letting us know and for your kind words about B+W :)

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

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