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FAILED PIP MR

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7 years 10 months ago #163569 by Gordon
Replied by Gordon on topic PIP APPEAL

sharona46 wrote: Hi Gordon,

Some-one from 'Patient' forum pointed out to me that as i am in the Support Group it is law that I have a PIP award! Is this true please Gordon? If so I guess I already have a head-start with the panel at my hearing on Thursday!!

Thanks Gordon as always!

Shazza :blink:


I'm afraid not! To receive a PIP award you need to meet the criteria, being in the ESA Support Group may help you show that this is the case, but it is certainly not law that having one automatically entitles the claimant to the other.

Gordon

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

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7 years 10 months ago #163642 by sharona46
Replied by sharona46 on topic PIP APPEAL
Yes, as I thought, hence this why we all have to go to appeal. Oh well I have l seemed to have lost the expense form that the Courts had sent me to claim back the taxi expense, I will collect one on the day which is Thursday at 2 pm. The amount of paperwork is sending me bog-eyed. I really cannot wait till it is all over now. I will let you know the outcome!!!... Thanks Gordon.

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7 years 9 months ago #163902 by sharona46
Replied by sharona46 on topic PIP APPEAL
Hi Gordon,

I went with my son to the Courts to have my hearing. There was a Doctor, a Judge, a disability Lawyer and a DWP representing officer.

The Judge started off asking the DWP officer how the PIP assessor could have given me zero points when the day after I had my ESA WCA I was put straight into the Support Group. The DWP officer just sat and shrugged her shoulders. I actually started crying and became very distressed at this point.

The DWP office won't budge and has stuck to the zero points award. The Judge has now asked for my medical records starting from January 2015 up till now. And that is it.

Is this a good or bad sign please Gordon? I actually have made an emergency appointment with my GP in the morning as I would like her to send a letter on explaining how distressed I was feeling on the day of the trial and that my IBS is in full swing and I am back in bed being nursed on by my son.

If I do get an award, who do I complain to regarding the PIP assessor please? I must take action before he gets away with doing this to vulnerable people again and again.

Thank-you.

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7 years 9 months ago - 7 years 9 months ago #163913 by Gordon
Replied by Gordon on topic FAILED PIP MR
Sharon

I wouldn't worry particularly about the PO being there, they are often assigned to a Tribunal venue for the day, rather than a particular case and their role is to provide the panel with information on request and not much more.

The panel requesting your medical records is most likely the result of them looking at the assessment report and your PIP2 and evidence and finding a huge gap between the two, their hope is that the records will show which view of your limitations is the more realistic.

You can make a complaint to the Assessment Provider

www.atoshealthcare.com/pip/after_your_Consultation

www.capita-pip.co.uk/contact-us.aspx

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by Gordon.

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7 years 9 months ago #163917 by sharona46
Replied by sharona46 on topic FAILED PIP MR
Hi Gordon,

How can they see though how I meet the descriptors just by looking at my medical records as this is not a daily diary of how I live as such?

The CAB (in my case have made me look a fool as they really did not know what they were doing with PIP forms and PIP appeals. The Judge pointed this out to me today that the PIP2 gave a scoring of 38!!! This is what the CAB advisor gave me to help me with. The Judge said that he has never ever come across one so high.

The Judge has agreed on giving the next hearing over the phone as I stated that I could not go through this again as my head was exploding with pain to the point where I could hardly see.

Thanks for this advice Gordon but I fear that I may be getting a negative result with this, we will see.

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7 years 9 months ago #163923 by Gordon
Replied by Gordon on topic FAILED PIP MR
Sharon

Try not to write yourself off yet, the success rate at appeal is well over 50%, if your case was weak, then it's likely that the panel would have made a Decision on the day, they didn't so it may be an issue of how many points they are thinking of awarding.

Also, being allowed to attend by phone is very rare and is an indication that they accept your anxiety as being real and severe.

Gordon

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

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