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PIP tribunal advice
- Karen24
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4 years 6 months ago #252926 by Karen24
PIP tribunal advice was created by Karen24
I’m at my wits end, after struggling with my pip paperwork I was turned down , only having 2 points, after MR I was given 4 points. I just couldn’t do it anymore so had some help from CAB to do my tribunal paper. I’ve just had a phone call from DWP asking if I still wanted to go to tribunal, which I obviously said yes to . Can anyone please tell me what to expect now , time scales etc. I’m so scared that I will be turned down again just because I don’t have a lot of medical input, I have a diagnosis and order my medication on line . I struggle talking to people therefore unless it’s a matter of life and death I don’t go to the doctors. Any advice will be greatly appreciated, thanks.
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- BIS
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4 years 6 months ago #252930 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP tribunal advice
Hi Karen
If you haven't already looked at our Guide to PIP Appeals then I would advise you to do so because it will give you the information you are seeking. www.benefitsandwork.co.uk/help-for-claimants/pip#appeals/
Appeals are taking on average about a year to process. You can add any extra information up to a fortnight before your appeal takes places. It has to be relevant to the time of your claim, not anything that may have happened since. Make sure that it is clear why you don't have input from medical services - eg have they been offered and you turned them down? If you turned them down why? Have services been offered at all? Are you on a waiting list? There may be any number of reasons, but make sure that you have included the reasons - because it can be a disadvantage to have no medical input - so you need to explain it. (That means contact with GP or any consultant or any additional services). I know you say you struggle to talk to people, but just make sure it is clear why. Do you have a friend or loved one who knows of your condition and how it affects your life? If you have and they haven't done so before include a signed letter from them saying what it is they've observed and know about you. Always try and bear in mind the specific PIP criteria. Also check that you understand why it is you were turned down (that's in the assessor's report) and how you can refute it. I know you said you had help from the CAB, but make sure that you are happy with all they have said.
BIS
If you haven't already looked at our Guide to PIP Appeals then I would advise you to do so because it will give you the information you are seeking. www.benefitsandwork.co.uk/help-for-claimants/pip#appeals/
Appeals are taking on average about a year to process. You can add any extra information up to a fortnight before your appeal takes places. It has to be relevant to the time of your claim, not anything that may have happened since. Make sure that it is clear why you don't have input from medical services - eg have they been offered and you turned them down? If you turned them down why? Have services been offered at all? Are you on a waiting list? There may be any number of reasons, but make sure that you have included the reasons - because it can be a disadvantage to have no medical input - so you need to explain it. (That means contact with GP or any consultant or any additional services). I know you say you struggle to talk to people, but just make sure it is clear why. Do you have a friend or loved one who knows of your condition and how it affects your life? If you have and they haven't done so before include a signed letter from them saying what it is they've observed and know about you. Always try and bear in mind the specific PIP criteria. Also check that you understand why it is you were turned down (that's in the assessor's report) and how you can refute it. I know you said you had help from the CAB, but make sure that you are happy with all they have said.
BIS
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- Karen24
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4 years 6 months ago #252946 by Karen24
Replied by Karen24 on topic PIP tribunal advice
Bis
Thank you for your response. I went into great detail when I originally done my PIP form , with the help from this site . The CAB advisor didn’t go into great detail when he filled the form out as he said the tribunal would have all of my original paperwork. Do you think I should submit a letter detailing everything again or just wait until the tribunal? And when the time comes will it be face to face or by phone , sorry for all the questions but I’m so stressed and have no one to talk to , I’m struggling with everything and wondering if it’s worth it if I’m going to be turned down again.
Karen
Thank you for your response. I went into great detail when I originally done my PIP form , with the help from this site . The CAB advisor didn’t go into great detail when he filled the form out as he said the tribunal would have all of my original paperwork. Do you think I should submit a letter detailing everything again or just wait until the tribunal? And when the time comes will it be face to face or by phone , sorry for all the questions but I’m so stressed and have no one to talk to , I’m struggling with everything and wondering if it’s worth it if I’m going to be turned down again.
Karen
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- Gordon
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4 years 6 months ago #252954 by Gordon
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Replied by Gordon on topic PIP tribunal advice
Karen
You do not have to submit anything further for your appeal but you do have an opportunity to do so and you should consider whether to do so or not.
Have you received the DWP's submission for your appeal?
Are you happy that you have already supplied sufficient information to show that you meet the criteria for an award?
Gordon
You do not have to submit anything further for your appeal but you do have an opportunity to do so and you should consider whether to do so or not.
Have you received the DWP's submission for your appeal?
Are you happy that you have already supplied sufficient information to show that you meet the criteria for an award?
Gordon
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- Karen24
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4 years 6 months ago #252959 by Karen24
Replied by Karen24 on topic PIP tribunal advice
Gordon
Yes I have received the DWPs submission, which is just copies of everything from myself and them. I was very honest in my form even though it made me feel degraded. I just feel very negative about it all and think that the tribunal would side with DWP because I find it hard to talk and express myself verbally to anyone , and the lack of a evidence. Although I did provide my old GPs details who is the only person that truly knows me , but I have had to move surgeries, hence the lack of input as I just can’t cope speaking to someone new.
Karen
Yes I have received the DWPs submission, which is just copies of everything from myself and them. I was very honest in my form even though it made me feel degraded. I just feel very negative about it all and think that the tribunal would side with DWP because I find it hard to talk and express myself verbally to anyone , and the lack of a evidence. Although I did provide my old GPs details who is the only person that truly knows me , but I have had to move surgeries, hence the lack of input as I just can’t cope speaking to someone new.
Karen
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- Bromley Heath
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4 years 6 months ago #252969 by Bromley Heath
Replied by Bromley Heath on topic PIP tribunal advice
last year I was moved over from DLA to PIP and was once again assessed by ATOS.
My previous life time award under DLA of the higher rate of mobility was not returned to me under PIP.
I asked for a reconsideration, no luck, a review no luck, an appeal, no luck.
Based on ATOS's assertion that I could walk 900 meters when shopping and that I was 'observed' walking 30 meters in the test centre, I had failed to demonstrate my mobility issues.
Your guides and information were invaluable in helping me take DWP to a tribunal.
In this I was also assisted by AGEUK.
I bought myself a measuring wheel and measured my shopping routes and the external walls of the ATOS building.
These empirically verifiable measurements destroyed the DWP/ ATOS argument at tribunal and my mobility status was restored along with back pay.
The lesson here is that you need to do your homework and follow the guides on this site and even in despair never give up.
AGEUK were brilliant at using the right words on the application form.
At the telephone tribunal DWP did not respond to my challenges but the doctor on the panel was very through and went beyond the remit of the tribunal.
This was extremely distressing but the judge allowed her (DR) to ask all the questions she wanted in order that there was no appeal by DWP.
Never give up, you must fight this spiteful govt.
Good luck to all, but do your homework.
Should you use this e mail in any way, please just use my initials.
AL
My previous life time award under DLA of the higher rate of mobility was not returned to me under PIP.
I asked for a reconsideration, no luck, a review no luck, an appeal, no luck.
Based on ATOS's assertion that I could walk 900 meters when shopping and that I was 'observed' walking 30 meters in the test centre, I had failed to demonstrate my mobility issues.
Your guides and information were invaluable in helping me take DWP to a tribunal.
In this I was also assisted by AGEUK.
I bought myself a measuring wheel and measured my shopping routes and the external walls of the ATOS building.
These empirically verifiable measurements destroyed the DWP/ ATOS argument at tribunal and my mobility status was restored along with back pay.
The lesson here is that you need to do your homework and follow the guides on this site and even in despair never give up.
AGEUK were brilliant at using the right words on the application form.
At the telephone tribunal DWP did not respond to my challenges but the doctor on the panel was very through and went beyond the remit of the tribunal.
This was extremely distressing but the judge allowed her (DR) to ask all the questions she wanted in order that there was no appeal by DWP.
Never give up, you must fight this spiteful govt.
Good luck to all, but do your homework.
Should you use this e mail in any way, please just use my initials.
AL
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