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Health Assessment (my journey) :-( 1 year 5 months ago #233149

I've received my pip questionnaire and my statement of reasons today.


I'm petrified of filling in the pip questionnaire.

I had a quick look at the statement of reasons and a lot seems to be put on the fact that I opted for a paper hearing when they can see no reason why I didn't attend.

They also say that as treatment for a motorcycle back injury that I was prescribed shampoo and not the highest dose of pain killers I'm still taking. And the antidepressants I'm on are more likely to have been proscribed as a muscle relaxant or to help me sleep.

Would any of this so far be classed as an error of law (I've only read a few pages) ?

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Health Assessment (my journey) :-( 1 year 5 months ago #233163

Stressed

Have a look at the following

What is an Error of Law?

The Error must also be substantive, this means that it affects an award being made, so an Error that only affected you scoring a maximum of four points would not be sufficient to warrant a UTT hearing.

Gordon

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Health Assessment (my journey) :-( 1 year 4 months ago #234739

A little update and as always a question :(

I've sent off my application for pip and am now awaiting my medical appointment.

I've also eventually managed to speak to a benifits adviser from the citizens advice on the phone.

Unfortunately there isn't any in my area so it had to be a phone appointment.

He think there has been an error in law for a number of reasons .

I started to type my request foebtgor the upper tribunal and while reading through the statement of reasons it seems they are relying on the medical I had back in 2015.

That medical in 2015 was completely overturned by the tribunal as it had so much fulse information that was proven.

I known you don't help so much with the upper tribunal as it's complex but should they be referring to the medical in 2015?

Shouldn't they be more focused on the latest one I had in 2018.

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Health Assessment (my journey) :-( 1 year 4 months ago #234744

Stressed

There are two issues to think about.

- Is it reasonable for them to have used the 2015 report in the first place, you say that it was disregarded in the subsequent FTT hearing that made an award?

- Have they adequately explained why they prefer the 2015 report to the later one if they have not then this would be an Error.

Gordon
The following user(s) said Thank You: Stressed

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Health Assessment (my journey) :-( 1 year 4 months ago #234747

Gordon wrote: Stressed

There are two issues to think about.

- Is it reasonable for them to have used the 2015 report in the first place, you say that it was disregarded in the subsequent FTT hearing that made an award?

- Have they adequately explained why they prefer the 2015 report to the later one if they have not then this would be an Error.

Gordon


Thanks Gordon

Yes. The medical I had in 2015 scored me hardly any points as there were a lot of false information and lies.

The upper tribunal dismissed the findings of the medical and awarded me tge full point to have my esa reinstated.

They don't explain why They are referring to the 2015 medical, they just keep refereeing back to it.

For example they say things like i wasn't using couches in the 2015 medical , when I actually did use them in my 2015 medical.

And in my 2015 I refused to have an examination. This was one of the things the tribunal apologised for back in 2015 as I did not refuse the examination, the person did not want to do an examination as she said I would be in too much pain.

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Health Assessment (my journey) :-( 1 year 4 months ago #234774

Stressed

It's important that you understand that this is not about your disputing individual pieces of evidence like your using a couch, these would not constitute an Error.

You say the UTT dissed the 2015 report, was this FTT hearing a follow on from the UTT Decision or is it separated from it by a reassessment. In the case of the latter, how would the panel know that the UTT had dismissed the 2015 report?

Gordon

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