TOPIC FOR SAM HEMINGWAY

Sam

I managed to get a copy of your post before we lost the forum last week. I'll remove your name from the title once you seen this post.

Hi All,

I'm really frightened about my daughters appeal. I am her appointee. Any help would be so much appreciated as I just dont know what I am doing at the moment and I dont really understand what the adjournment notice meant, well the warning bit really.

My daughter was awarded enhance rate PIP on both mobility and care in 2014 and it was due to run out late 2017. She was assessed early, the assessment was a joke. They took her enhanced rate from her on both. I asked for a mandatory reconsideration. That came back that they had taken her standard rate mobility off her, leaving just standard care. They did write to say they had taken it off in error, but now that \I had asked to go to Appeal Tribunal, they could not reinstate it and it was now down to the Tribunal to do so if they felt it should be reinstated.

The Tribunal was adjourned because the lawyer part of the panel of 3 said there was medical evidence lacking, for his liking and that he was going to get 2 years worth of medical evidence from my daughters GP and he warned me that if I was to carry on and come back for Tribunal that I could end up losing her the standard rate care too.

I was told by the doctor on the panel to get professional representation to help me decide, and to represent me at Tribunal if i chose to carry on.

The lawyer was saying things to frighten me into not carrying on. I just dont know what to do and I do feel very frightened about it all.

Does anyone here have any experience of this please. I'm sorry for the long post, and I know you dont know the in's and out's of it and it is very difficult, but any support at all would be so appreciated. Thank you..

S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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You should take the warning from the Judge seriously!

They are saying that based on the evidence that they have available to them they would not make an award of the Daily Living component and that if you continue with the hearing that they may well remove the award that is already in place.

Unfortunately, it is very difficult for us to give further advice on this matter without any sight of the paperwork and an understanding of you daughters problems, which is not possible on the forum.

If you can, try and get face to face advice from a trained advisor, do an internet search for "welfare advice" with your postcode, town or county.

Failing that, you should go through our PIP Claim guide to make sure that you fully understand the PIP award criteria and that you have addressed these issues in your submission to the hearing. Even then, I would still cautious about continuing with the appeal.

If you have further questions then please reply to this post an we will do our best to help.

Gordon