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Submission for PIP tribunal appeal. Advice?
- Cat in a hat
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4 years 6 months ago #238834 by Cat in a hat
Think like a proton, always positive.
Submission for PIP tribunal appeal. Advice? was created by Cat in a hat
Hi Gordon and everyone,
I am waiting for a hearing date for tribunal re. PIP appeal. Gordon, you asked in my last message if I am writing a submission for Tribunal. I am part ways through deciphering 'The bundle' and not surprisingly, there are many 'anomalies' (putting it politely)
Should my submission reiterate the points I made in my MR (which I wrote with help of guides from the website here, many thanks) ? As well as pointing out the anomalies in the DWP 's reports etc? My MR listed concisely where I believed the HA and DM had failed to fully understand how my disability affects daily living and where I felt points were not awarded but should've been.
The trouble is of course, many of the questions and answers are subjective and even with a wealth of medical evidence to support a claim, its very difficult to 'prove' or disprove' pertinent points of this whole process.
Should I assume that the tribunal might not pick up on points raised in my MR and just reiterate the parts where Ive said I believe I should have been awarded x amount of points for this activity etc?
Thanks again in advance
Cat
I am waiting for a hearing date for tribunal re. PIP appeal. Gordon, you asked in my last message if I am writing a submission for Tribunal. I am part ways through deciphering 'The bundle' and not surprisingly, there are many 'anomalies' (putting it politely)
Should my submission reiterate the points I made in my MR (which I wrote with help of guides from the website here, many thanks) ? As well as pointing out the anomalies in the DWP 's reports etc? My MR listed concisely where I believed the HA and DM had failed to fully understand how my disability affects daily living and where I felt points were not awarded but should've been.
The trouble is of course, many of the questions and answers are subjective and even with a wealth of medical evidence to support a claim, its very difficult to 'prove' or disprove' pertinent points of this whole process.
Should I assume that the tribunal might not pick up on points raised in my MR and just reiterate the parts where Ive said I believe I should have been awarded x amount of points for this activity etc?
Thanks again in advance
Cat
Think like a proton, always positive.
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4 years 6 months ago #238838 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Submission for PIP tribunal appeal. Advice?
Hi Cat in a hat
In doing appeals on SSCS1 form I usually copy what I have written in MR, if I do a submission then I may set it out as follows and where regs or relevant caselaw apply they would be included.
Where there is a blatant contradiction between HCP and yourself, you need to explain the contradiction and use phrases such as “I would respectfully suggest that this does not constitute majority of the time” etc.
Quite often HCP will use the phrase 'in their opinion' you need to explain why this does not applty to you and link it in with any supporting evidence you may have.
Submission
Personal Independence Payment Appeal Tribunal for XX. NINO: X
X is appealing against the decision of the Decision Maker that s/he does not meet the criteria for the Daily Living Component of Personal Independence Payment and the Moving Around Component from and including X/X/X.
X suffers from X, Y, Z
X attended an assessment with healthcare professional, X on x
In the opinion of the healthcare professional xx only scored x points from the daily living activities and x for the moving around activities.
xx believes that the following activities also apply:
I rely on the judgement of the tribunal to make a decision based on the evidence before it as to whether xx qualifies for an award of personal independence payment.
If the tribunal should find in favour of xx, I respectfully request that xx be awarded personal independence payment from and including (date of original decision).
Submission compiled by:
Name address
I agree that the above is a true record of my problems:
Signed………………………………….Dated………………….
Gary
In doing appeals on SSCS1 form I usually copy what I have written in MR, if I do a submission then I may set it out as follows and where regs or relevant caselaw apply they would be included.
Where there is a blatant contradiction between HCP and yourself, you need to explain the contradiction and use phrases such as “I would respectfully suggest that this does not constitute majority of the time” etc.
Quite often HCP will use the phrase 'in their opinion' you need to explain why this does not applty to you and link it in with any supporting evidence you may have.
Submission
Personal Independence Payment Appeal Tribunal for XX. NINO: X
X is appealing against the decision of the Decision Maker that s/he does not meet the criteria for the Daily Living Component of Personal Independence Payment and the Moving Around Component from and including X/X/X.
X suffers from X, Y, Z
X attended an assessment with healthcare professional, X on x
In the opinion of the healthcare professional xx only scored x points from the daily living activities and x for the moving around activities.
xx believes that the following activities also apply:
I rely on the judgement of the tribunal to make a decision based on the evidence before it as to whether xx qualifies for an award of personal independence payment.
If the tribunal should find in favour of xx, I respectfully request that xx be awarded personal independence payment from and including (date of original decision).
Submission compiled by:
Name address
I agree that the above is a true record of my problems:
Signed………………………………….Dated………………….
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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