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3rd Tier Judge Has Passed My Appeal Back To 1st

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6 years 1 week ago #213446 by Maria
My 3rd tier Judge passed my appeal back to the 1st tier Judge and also had cancelled the initial first Tier Judge's decision. My representative from CAB attended the appeal which was then adjourned because my cancelled request for a telephone hearing had now been granted by this first Tier Judge.

I am now awaiting a new date

Can anyone help me by advisee what and what not to say during my telephone appeal? I am appealing the decision on my 'Care' component of PIP. I have always been on enhanced since my accident back in 2003, however when I was assessed by 'that organisation appointed by the government, I was then placed on 'Standard' care.

I had my carer's taken off me and now I cannot afford to get anybody into to help me with my daily requirements, as a result, since November 2016 my lifestyle has got much much worse! I am sleeping on my sofa because of having no energy to sort out my bedroom. I suffer also with Fibromyalgia which is so debilitating! I fell asleep on my toilet for over 2 hours! When I began to wake panic set in and then as I tried to get up my skin felt it was on fire when I awkwardly tried peeling the toilet seat off me! I ended up braking the toilet seat because I also had terrible numbness and pins and needles in both legs! I can't cook foryself because I fall asleep, then I burn my food! I fall asleep all the time! I have no family or friends that call on me and my fear is I will one day endanger myself and have no one there to help me

I have stopped trying to cook for myself because I fear I will set my home on fire! I haven't had a warm meal in such a very long term.

I suffer with Chronic Pain plus Barratts disease and of late I feel my stomach is being eaten away with acidic contents, it's either that or something like that. It causes me to feel sick all the time!

Do I attempt to tell the first Tier Judge all of this or should I say nothing?

I really need advice because winning my appeal will mean I can have someone come in daily to make me something to eat and help withy house cleaning??

Kind regards
Marie (Angelglow53)

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6 years 1 week ago #213449 by Gordon
Maria

I'm afraid I can't tell you what to say at your new hearing, it will depend on your problems and the questions you are asked which we can't pre-empt.

The Tribunal cannot take into account any changes in your conditions since the Decision that you originally appealed was made.

I would go through your PIP2 or AR1 form that you complete when last assessed and the PIP Claim guide to make sure you understand the criteria you need to meet and where your original form was either deficient o missing information.

www.benefitsandwork.co.uk/help-for-claimants/pip

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

Gordon

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

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