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PIP appeal advice needed
- louisagolding
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4 years 7 months ago #237568 by louisagolding
PIP appeal advice needed was created by louisagolding
Hello,
I have had my MR decision, no surprise I didn't gain the points I should have. Their reasons were basically the same as the original decision, one of which was because I didn't have any specialist input for my anxiety and depression. At the assessment I told them I had been on the waiting list to see clinical psychology since May 2018. I had my first appointment in July this year after 14 months of being on the waiting list, the same week I put my MR in. My first question is will I be able to use a letter from my psychologist as evidence for my appeal, seeing as I was on the waiting list for so long and starting seeing them before I got my MR decision?
My second question is do I need to get myself a representative for the appeal? Is one needed for paper hearings as well as oral hearings? I know it is probably better to go for an oral hearing but I don't think I would cope with it due to my anxiety. Are there any statistics regarding the success of paper hearings versus oral hearings?
My third question is this; is it possible to lose points already awarded at the appeal? I don't want to risk losing what the DWP have decided to award me (standard living, enhanced mobility). I know I am lucky to have got this after reading others posts, but I was on enhanced for both before my review and my ability to do activities has got worse since my first assessment 4 years ago.
The DWP appear to have not read any of the extra evidence I managed to get for my MR, they said basically the same thing!
Thank you
I have had my MR decision, no surprise I didn't gain the points I should have. Their reasons were basically the same as the original decision, one of which was because I didn't have any specialist input for my anxiety and depression. At the assessment I told them I had been on the waiting list to see clinical psychology since May 2018. I had my first appointment in July this year after 14 months of being on the waiting list, the same week I put my MR in. My first question is will I be able to use a letter from my psychologist as evidence for my appeal, seeing as I was on the waiting list for so long and starting seeing them before I got my MR decision?
My second question is do I need to get myself a representative for the appeal? Is one needed for paper hearings as well as oral hearings? I know it is probably better to go for an oral hearing but I don't think I would cope with it due to my anxiety. Are there any statistics regarding the success of paper hearings versus oral hearings?
My third question is this; is it possible to lose points already awarded at the appeal? I don't want to risk losing what the DWP have decided to award me (standard living, enhanced mobility). I know I am lucky to have got this after reading others posts, but I was on enhanced for both before my review and my ability to do activities has got worse since my first assessment 4 years ago.
The DWP appear to have not read any of the extra evidence I managed to get for my MR, they said basically the same thing!
Thank you
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- BIS
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4 years 7 months ago - 4 years 7 months ago #237577 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP appeal advice needed
Hi Bertie1606
1. Letter from a psychologist - I would include it and then it will be up to the panel whether they consider it. As you had already stated that you were waiting - it shows them the difficulties you have.
2. No you don't need to get a representative for a paper-based hearing. It is said that it is better to go face to face if you can, but plenty of people don't. I can't find a split of the tribunal decisions. - between oral and face to face. Overall 70% of claimants win at the tribunal.
3. Yes it is possible to lose points at the tribunal, but if there is a risk of this happening, the judge informs the claimant and the claimant is given the opportunity to withdraw their appeal.
BIS
1. Letter from a psychologist - I would include it and then it will be up to the panel whether they consider it. As you had already stated that you were waiting - it shows them the difficulties you have.
2. No you don't need to get a representative for a paper-based hearing. It is said that it is better to go face to face if you can, but plenty of people don't. I can't find a split of the tribunal decisions. - between oral and face to face. Overall 70% of claimants win at the tribunal.
3. Yes it is possible to lose points at the tribunal, but if there is a risk of this happening, the judge informs the claimant and the claimant is given the opportunity to withdraw their appeal.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 7 months ago by BIS.
The following user(s) said Thank You: louisagolding, alisp
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- louisagolding
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4 years 6 months ago #237606 by louisagolding
Replied by louisagolding on topic PIP appeal advice needed
Thank you Bis, that's good to know. So would the judge also let you know if points may be lost if I opt for paper based as well as oral hearing? Am I right in thinking you don't get a hearing date if it's paper based?
Thank you again
Thank you again
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- louisagolding
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4 years 6 months ago #237611 by louisagolding
Replied by louisagolding on topic PIP appeal advice needed
Hello again,
I have just started the online appeal form. I am feeling a bit unsure of how to proceed. When I did my MR, I followed your guides and set it out following the sample submissions, with an introduction, potted history, undisputed scores and each disputed activity in detail etc. The appeal form is asking what on the MRN or decision letter I disagree with, but is it ok to copy and paste my MR letter into one reason box? And in the 'what you disagree with' box, putting I disagree with the award of standard instead of enhanced? Or should I separate the sections into several 'add another reason' boxes. I hope I am making sense
I have just started the online appeal form. I am feeling a bit unsure of how to proceed. When I did my MR, I followed your guides and set it out following the sample submissions, with an introduction, potted history, undisputed scores and each disputed activity in detail etc. The appeal form is asking what on the MRN or decision letter I disagree with, but is it ok to copy and paste my MR letter into one reason box? And in the 'what you disagree with' box, putting I disagree with the award of standard instead of enhanced? Or should I separate the sections into several 'add another reason' boxes. I hope I am making sense
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- Gordon
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4 years 6 months ago #237620 by Gordon
Yes, they will write to you reminding you that a Tribunal can also reduce the points awarded as well as add new ones and recommend that you attend the next hearing.
No, you won't be informed of the date of a Paper hearing, you will just receive the Decision Notice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal advice needed
Bertie1606 wrote: Thank you Bis, that's good to know. So would the judge also let you know if points may be lost if I opt for paper based as well as oral hearing? Am I right in thinking you don't get a hearing date if it's paper based?
Thank you again
Yes, they will write to you reminding you that a Tribunal can also reduce the points awarded as well as add new ones and recommend that you attend the next hearing.
No, you won't be informed of the date of a Paper hearing, you will just receive the Decision Notice.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: louisagolding
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4 years 6 months ago #237657 by louisagolding
Replied by louisagolding on topic PIP appeal advice needed
Thank you Gordon,
I have just started the online appeal form. I am feeling a bit unsure of how to proceed. When I did my MR, I followed your guides and set it out following the sample submissions, with an introduction, potted history, undisputed scores and each disputed activity in detail etc. The appeal form is asking what on the MRN or decision letter I disagree with, but is it ok to copy and paste my MR letter into one reason box? And in the 'what you disagree with' box, putting I disagree with the award of standard instead of enhanced? Or should I separate the sections into several 'add another reason' boxes. I hope I am making sense
I have just started the online appeal form. I am feeling a bit unsure of how to proceed. When I did my MR, I followed your guides and set it out following the sample submissions, with an introduction, potted history, undisputed scores and each disputed activity in detail etc. The appeal form is asking what on the MRN or decision letter I disagree with, but is it ok to copy and paste my MR letter into one reason box? And in the 'what you disagree with' box, putting I disagree with the award of standard instead of enhanced? Or should I separate the sections into several 'add another reason' boxes. I hope I am making sense
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