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PIP Appeal phone Hearing in 17 days big issue
- Dib
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5 years 1 month ago #246773 by Dib
PIP Appeal phone Hearing in 17 days big issue was created by Dib
Good evening all. My name is Anthony and I am Dib's Carer. Dibs telephone hearing is in 17 days time and she has waited 18 months for the hearing and now its closer she is a wreck. I will be present when the hearing is taking place. I have done all paper work etc from day 1 however I am no legal beagle. The information on this site is amazing. I am in the process of writing a written submission for the hearing and have most of it done. I also want to respond to the Submission from the DWP explaining why the tribunal should throw out the Appeal and bless them they just love putting in the bit that the Tribunal may also reduce the original award.
They are pulling out all the usual stops with case law here regulations there. The Home Assessment was a farce, in fact when Dib received her award letter when she read the document she thought she was reading somebody elses as nothing the HP said made sense.
the MR was just the same backed up the HP but even then their were parts where they contradicted each other. Should I therefore in the Hearing Submission throw the HP under the bus for failing in his duties when doing the Home Visit? a couple of things ping to mind. He was at the house for 45 mins. He refused to tell me what kind of nurse he was. He put in the report that during the Phyisical Examination in which he has filled a A4 page which is amazing as he never conducted a Physicial Examination even though Dib asked him 3 times he could do one. Whilst discussing medication I imformed him that I collect Dibs medical as she is on some heavy duty controlled drugs and has attempted suicide twice so I collect them and I keep them in a locked safe and give them to Dib and stay with while she takes them. I offered to show him the medication safe and he said that it was not necessary. and in his report he stated that Dib scored no points as she can manage medication or therapy or monitor a health condition unaided. The list goes on and on. The classic was when Dib asked him for a fourth time if he wanted to do a physical examination and the words still ring in my ears I quote " No its ok I am running late for my next appointment, trust me I will fill it in later!
What do you reckon I should do. All advice greatly received
Thanks
Tony on behalf of Dib
They are pulling out all the usual stops with case law here regulations there. The Home Assessment was a farce, in fact when Dib received her award letter when she read the document she thought she was reading somebody elses as nothing the HP said made sense.
the MR was just the same backed up the HP but even then their were parts where they contradicted each other. Should I therefore in the Hearing Submission throw the HP under the bus for failing in his duties when doing the Home Visit? a couple of things ping to mind. He was at the house for 45 mins. He refused to tell me what kind of nurse he was. He put in the report that during the Phyisical Examination in which he has filled a A4 page which is amazing as he never conducted a Physicial Examination even though Dib asked him 3 times he could do one. Whilst discussing medication I imformed him that I collect Dibs medical as she is on some heavy duty controlled drugs and has attempted suicide twice so I collect them and I keep them in a locked safe and give them to Dib and stay with while she takes them. I offered to show him the medication safe and he said that it was not necessary. and in his report he stated that Dib scored no points as she can manage medication or therapy or monitor a health condition unaided. The list goes on and on. The classic was when Dib asked him for a fourth time if he wanted to do a physical examination and the words still ring in my ears I quote " No its ok I am running late for my next appointment, trust me I will fill it in later!
What do you reckon I should do. All advice greatly received
Thanks
Tony on behalf of Dib
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- BIS
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5 years 1 month ago #246781 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Appeal phone Hearing in 17 days big issue
Hi Tony (and Dib)
The main aim of the submission is to show why the decision should be overturned so your greatest concentration on the areas where she did not score points as many points as hoped and what in your view she should have scored. You can obviously disagree with the HP's views and should undoubtedly say that things like a physical examination never took place.
However, although you may want to mention the comment about going to the next appointment which is a disgraceful comment, but it won't actually make any difference to the points awarded.
So yes, say the HP was wrong - (don't call them a liar - however tempting), but keep your points measured. You can always put in a formal complaint about the HP which would be dealt with separately. Counteract everything they say with your own evidence.
And don't worry about not being an eagle beagle. You are the expert on DIb along with her own expertise - not the HP. 75% of appeals are won by the claimants. I hope your diligence pays off.
BIS
The main aim of the submission is to show why the decision should be overturned so your greatest concentration on the areas where she did not score points as many points as hoped and what in your view she should have scored. You can obviously disagree with the HP's views and should undoubtedly say that things like a physical examination never took place.
However, although you may want to mention the comment about going to the next appointment which is a disgraceful comment, but it won't actually make any difference to the points awarded.
So yes, say the HP was wrong - (don't call them a liar - however tempting), but keep your points measured. You can always put in a formal complaint about the HP which would be dealt with separately. Counteract everything they say with your own evidence.
And don't worry about not being an eagle beagle. You are the expert on DIb along with her own expertise - not the HP. 75% of appeals are won by the claimants. I hope your diligence pays off.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 4 weeks ago #246803 by Dib
Replied by Dib on topic PIP Appeal phone Hearing in 17 days big issue
Thank you BIS very much appreciated advice
regards
Tony & Dib
regards
Tony & Dib
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